1991 S C M R 1656

1991 S C M R 1656

Present: Ghulam Mujaddid and Abdul Shakurul Salam, JJ

BASHIR AHMAD and others‑‑‑Petitioners

versus

GHULAM ALI and others‑‑‑Respondents

Civil Petition No.1264 of 1989, decided on 22nd January, 1990.

(On appeal from the judgment and order dated 28‑10‑1989 of the Lahore High Court, Lahore, in R.S.A. 84 of 1975).

Civil Procedure Code (V of 1908)‑‑‑

‑‑‑‑O.I, R.10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Impleading of parties‑‑‑Leave to appeal‑‑‑Petitioners seeking to be impleaded in case as party contended that no doubt doctrine of lis pendens would be applicable on the conclusion of the litigation, but there was no justification not to allow petitioners to' be impleaded as a party in litigation as their claim was based on official attestation of mutation in their favour, especially when apprehension was expressed that their vendors might not earnestly pursue appeal or collude in which event rights of petitioners would be prejudiced‑‑‑Held. it was conducive for administration of justice that all parties having interest in property should be before the Court and heard to defend their rights‑‑‑Contention of petitioners requiring consideration, leave was granted.

S. Afzal Haider, Advocate Supreme Court and S. Abul Aasim Jaferi, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 22nd January, 1990.

ORDER

ABDUL SHAKURUL SALAM, J.‑The petitioners sought to be impleaded as a party on the ground that they had purchased a portion of the property in dispute pending adjudication in RSA 84 of 1975. The application was dismissed on the ground that the doctrine of lis pendens would apply to their case vide order dated 28‑10‑1989.

2. The petitioners seek leave to appeal.

3. Learned counsel for the petitioners submitted that no doubt doctrine of lis pendens would be applicable on the conclusion of the litigation but there was no justification not to allow the petitioners to be impleaded as a party in the litigation as their claim was based on official attestation of mutation in their favour, especially when apprehension was expressed that the petitioners' vendors may not earnestly pursue the appeal or collude in which event the rights of the petitioners would be prejudiced. It was conducive for administration of justice that all parties having interest in the property should be before the Court and heard to defend their rights.

4. Contentions raised require consideration.

5. Security in the sum of Rs.5,000. Appeal be processed on the present record with permission to the parties to file any document.

H.B.T./B‑156/S                                                                                   Leave granted.






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