LHC Sets Aside Decree Passed Without Hearing Affected Party – 2024 YLR 251
2024 YLR 251 – لاہور ہائیکورٹ کا اہم فیصلہ: بغیر سنے فیصلہ دینا انصاف کے خلاف ہے
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Citation Name : 2024 YLR 251 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mian JAVED AKHTAR
Side Opponent : Rana MUHAMMAD ISMAIL
Ss. 42, 8 & 54---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for declaration, possession and permanent injunction--- Non-impleadment of defendant---Plaintiff filed suit for declaration, possession and permanent injunction contending therein that he being owner in possession of disputed land appointed respondent No.6 as his attorney but he committed fraud and transferred the land in favour of respondent No.2 through sale mutation---Suit of the plaintiff was decreed while the appeal was dismissed by the appellate Court---Validity---Admittedly, the present appellants became owner of the disputed property vide a sale mutation attested on 10.12.2005, whereas the suit was instituted, obviously, without impleading them as party and challenging the said mutation in their favour, by the respondent No.1 on 17.12.2005 and even during pendency of the suit, the respondent No.1/plaintiff did not bother to implead them in the array of defendants by moving an application under O. I, R. 10, C.P.C. and decree dated 06.03.2013 was passed---However, in that respect, it was observed that the appellants had remedies to file application under S. 12(2) , C.P.C., or to assail the judgment and decree by preferring an appeal---Appellants, having been adversely affected, opted to challenge the decree by filing an appeal, which was maintainable---Pursuant to the above, the impugned judgments and decrees being contrary to law were open to examination in exercise of jurisdiction under S. 100 of the C.P.C.; therefore, the same could not be allowed to hold field further, because one should not be condemned unheard and every litigant should be provided with fair opportunity to present and defend his/her case---Appeal was allowed by setting aside impugned judgment and decree and case was remanded to the Trial Court with the direction to implead the appellants in the array of the defendants by obtaining amended plaint from the plaintiff and after submission of written statements by them and to proceed with the case further accordingly