| Case ID |
ded55e28-99f0-4eef-9d23-2bfc36f4aece |
| Body |
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| Case Number |
Civil Petition No.2825-L of 2001 |
| Decision Date |
Dec 19, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the Lahore High Court's decision that the petitioner, Sahib Dad, was not a necessary party to the proceedings concerning the allotment of State land. The Court emphasized that the petitioner, as a transferee pendente lite, could have sought to be added to the proceedings but failed to do so. The Court held that the decision against the assignor, Abdul Ghafoor, was binding on the assignee, Sahib Dad, as he did not file an application for his impleadment. The ruling clarified that the assignee's rights were adequately protected by the assignor's actions, and thus, the Court found no legal infirmity in the Lahore High Court's dismissal of the petitioner's application. |
| Summary |
In the case of Sahib Dad vs. Province of Punjab, the Supreme Court of Pakistan examined the rights of a transferee pendente lite concerning the allotment of State land. The petitioner, Sahib Dad, claimed to have entered into an agreement to purchase land from Abdul Ghafoor, who had earlier filed a suit against the Provincial Government to restrain the resumption of the land. The Supreme Court upheld the Lahore High Court's ruling that dismissed Sahib Dad's application under section 12(2) of the Civil Procedure Code, stating that he was not a necessary party in the ongoing proceedings. The Court highlighted the legal principle that decisions against the assignor are binding on the assignee unless the assignee actively seeks to join the proceedings. The decision reinforces the importance of timely legal action and the need for parties to assert their rights within the judicial process. Keywords: Supreme Court, transferee pendente lite, State land, agreement to sell, legal principles, Lahore High Court, Civil Procedure Code, binding decisions, property rights, judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ,
SARMAD JALAL OSMANY
|
| Lawyers |
Not available
|
| Petitioners |
Sahib Dad
|
| Respondents |
Abdul Ghafoor,
Province of Punjab
|
| Citations |
2009 SLD 1630,
2009 SCMR 385
|
| Other Citations |
Surraya Begum v. Suban Begum 1992 SCMR 652,
Rashid Ahmed v. Jiwan 1997 SCMR 170,
Muhammad Nawaz Khan v. Muhammad Khan 2002 SCMR 2003,
Shamsher Ali v. Sher Ali PLD 1976 Lah. 650,
H.M. Saya & Co. v. Wazir Ali Industries Limited PLD 1969 SC 65
|
| Laws Involved |
Specific Relief Act, 1877,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
12,
185(3),
O.I,R.10,
O.XXII,R.10(1),
12(2),
151
|