ABDUL GHANI vs SETTLEMENT COMMISSIONER AND 2 Other — 1971 SCMR 98

Citation: 1971 SCMR 98

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL GHANI vs SETTLEMENT COMMISSIONER AND 2 Other

Headnotes

Case cited as 1971 SCMR 98

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: ABDUL GHANI vs SETTLEMENT COMMISSIONER AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 186 of 1970 L. P. A. No. 830 of JUDGMENT Reported As: 1971 SCMR 98 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner filed a writ petition in the erstwhile High Court of West Pakistan, being No. 700/R of 1963, to challenge an order of the Settlement Authorities regarding the transfer of an annexe attached to house No. S-XXIV-5-S-8 situated at Rehmanpura, Lahore. This was dismissed on the 25th of April 1966, by a learned Single Judge, The petitioner then filed a Letters Patent Appeal. This was admitted for hearing on the 1st of July 1966. During the pendency of the appeal Sufaid Khan, one of the respondents in the writ petition, who was a joint transferee of the property in dispute along with the other respondent, Munir Khan, died on the 10th of July 1968. On the 17th of January 1969, the petitioner applied for bringing the heirs of the said Sufaid Khan on the record under Order XXII, rule 4 read with section 151 of the Code of Civil Procedure. The substitution was allowed on the 3rd of February 1969. The legal representatives of the deceased- respondent thereafter, on the 14th of November 1969, applied to have the order of substitution set aside and the writ petition declared to have abated. A Division Bench of the High Court of West Pakistan, Lahore…

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