ALI BAQAR NAJFI, J. --- This order will dispose of C.R. No. 942 of 2011 and C.R. No. 943 of 2011 titled "Muhammad Amjad v. Muhammad Younas", as in both the revision petitions order dated 28.11.2011 passed by the learned Additional District Judge, Rawalpindi has been challenged.
2. Brief facts relevant for the disposal of the instant revision petition are that on 04.01.2p11 the respondent, Muhammad Younas Mughal filed an ejectment petition against the petitioner- Muhammad Arshad on the ground of personal need and default. On 28.01.2011 leave to defend was filed by the petitioner 'which was dismissed vide order dated 24.02.2011 and the ejectment petition was accepted and a period of 45 days was granted to the petitioner to vacate the premises. On 11.05.2011 the appeal already filed by the petitioner was withdrawn on the statement of his counsel and resultantly premises were ordered to be vacated by 10.08.2011. After a period of four months i.e. 09.09.2011 an application under Section 12(2), CPC was filed. On 28.11.2011 the application under Section 12(2), CPC was rejected on the ground that the signatures of the petitioner on the Wakalatnama of the counsel, namely, Mr. Osama Mehboob, Advocate, were similar to that on the sale-deed dated 30.07.2010.
3. Learned counsel for the petitioner submits that the learned Trial Court was required to frame issues, as the matter required recording of evidence; that the petitioner never gave any authority to the said counsel to make a consenting statement; that the Court itself should have compared the specimen signatures of the petitioner through the Handwriting Expert; that the alleged lease agreement dated 13.08.2010 was for a period of 11 months but the ejectment petition was filed on 04.1.2011 i.e. Before its expiry. Places reliance on the judgment reported as Shauq-ur-Rehman v.
Taimoor Ahmed Khan and 2 others (2004 CLC 281), Lahore Development Authority through Director General v. Arif Manzoor Qureshi and others (2006 SCMR 1530), Muhammad Akram Malik v. Dr. Ghulam Rabbani and others (PLD 2006 SC 773), Mrs. Anis Haider and others v. S. Amir Haider and others (2008 SCMR 236) and Rehmat A.I v. Mst. Rabia Begum and 10 others (PLJ 2012 Lahore 511) to support his contention.
4. Conversely, learned counsel for the respondent submits that the conduct of the petitioner is very dubious as just before the expiry of 45 days as per order passed by the learned Rent Controller, Rawalpindi, the appeal was filed; that the knowledge accrued to the petitioner for the alleged mis- statement by his counsel on 09.09.2011 but he prolonged its compliance; that the lease deed is admitted as to its contents; that the petitioner's counsel was necessary party and was not impleaded; that the instant proceedings are just to frustrate The execution of the decree for recovery of the outstanding rent against the petitioner as the possession has already been given to the respondent.
5. I have heard the learned counsel for the parties and perused the record.
6. There is no cavil to the proposition that if the allegation of fictitious transaction based on fraud and forgery is alleged, the issue is required to be framed and evidence recorded. Reliance can be placed upon Lahore Development Authority through Director-General v. Arif Manzoor Qureshi and others (2006 SCMR 1530). But when the allegation of acting beyond the authority is alleged against the lawyer, he was required to be impleaded in the instant case. Even otherwise, any allegation of misconduct of a lawyer is to be dealt with by the concerned Bar Council, where the complaint was never filed. Reliance is placed upon Raja Karim Elahi v. Muhammad Arif and others (2010 MLD 58).
7. The contention of the learned counsel for the petitioner that application under Section 12(2), CPC is required to be disposed of after framing of issues is without force as in all cases the issues are not required to be framed as held in Nazir Ahmed v. Muhammad Sharif and others (2001 SCMR 46).
8. For what has been discussed above, both the civil revision petitions are dismissed.
Civil Revision .