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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BASHIR AHMAD And Others VS Respondent: GHULAM ALI And Other
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Abdul Shakurul Salam Title: BASHIR AHMAD And Others vs GHULAM ALI And Other Case No.: Civil Petition No.1264 of 1989 Date of Judgment:1990-01-22 Reported As: 1991 SCMR 1656 Result: Leave granted
Judgment 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.
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