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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: TANVEER JAMSHED And Another VS Respondent: Raja GHULAM HAIDER
Court Name: Supreme Court of Pakistan Judge(s): Zaffar Hussain Mirza, Abdul Qadir Sheikh Title: TANVEER JAMSHED And Another vs Raja GHULAM HAIDER Case No.: Civil Petition No.565-K.of 1985 Date of Judgment:1986-06-02 Reported As: 1987 SCMR 2006 Result: Leave granted
Judgment ORDER ABDUL KADIR SHAIKH, J.--Several legal points raised in this petition, inter alia, the following deserve consideration: (a) Was the application under section 12(2) C.P.C. Competent by the petitioner No.1, in the trial Court inasmuch as he was not a party to the rent proceedings? (b) Was the said application under section 12(2), C.P.C. Within time and that what Article of Limitation Act was applicable to the case in view of allegations of fraud having been made in the said application. (c) What was the effect of the pendency of Suit No.4141, of 1980 (New No. 206 of 1985) in the Court of VII. (East) Civil Judge Karachi. (d) Whether the provision of Rented Premises Ordinance, 1979 (Section 22) debarred third parties from filing objections in the execution in proceedings and whether could such third person obstruct the execution proceedings on the ground that he was not claiming possession through the Judgment Debtor? Leave is granted and the petition is allowed. Security Rs.2,000. Appeal will be heard on the present record. It is, however, open to the parties to file additional documents, if any.
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