Haji BAHAWAL KHAN vs ABDUL AZIZ AND OTHERS — 1965 PLD 223

Citation: 1965 PLD 223

Court: Baghdad-ul-Jadid

Year: 1969

Decision Date: 1969-09-30

Parties: Haji BAHAWAL KHAN vs ABDUL AZIZ AND OTHERS

Headnotes

Case cited as PLD 1965 Pesh. 223

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): Muhammad Afzal Cheema Title: Haji BAHAWAL KHAN vs ABDUL AZIZ AND OTHERS Case No.: Civil Revision No, 37 of 1969/BWP Date of Judgment:1969-09-30 Reported As: PLD 1971 Baghdad-ul-Jadid 11 Result: Petition allowed JUDGMENT JUDGMENT Haji Bahawal Khan defendant-petitioner has felt aggrieved by the order of the learned Administrative Civil Judge, Bahawalnagar, dated 12-6-1969 whereby he dismissed his application under Order VI, rule 17, C. P. C. paying for an amendment of his written-statement in which he proposed to raise for the first time new pleas on grounds of limitation, adverse possession, non- joinder of parties and incorrect valuation of the suit for purposes of court-fee and jurisdiction. 2. The short background of the litigation giving rise to this Civil Revision is that one Ramzan was the original grantee of Rectangle No, 2, Block No, 570 in Chak No, 332/HR. He sought permission of the Collector to sell his occupancy rights in the grant in favour of Sultan predecessor-in-interest of the plaintiff-respondents by means of application dated 19-4-1945. The permission was granted on 25-11-1945 and in pursuance of that Sultan aforesaid deposited Government dues in respect of the land in question. It appears that after having applied for the permission of the Collector in the first instance Ramzan sought the cancellation of the earlier order dated 25-11-1945 passed on his first application but the order was not withdrawn. On 14-7-1946…

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