EJAZ AFZAL KHAN, J.---This petition for leave to appeal has arisen out of the judgment dated 21.1.2015 of the Lahore High Court, Lahore whereby the learned Judge in its Chambers allowed the petition filed by the respondents, set aside the order of the fora below and sent the case back by holding as under:--- "6. It is an admitted fact that respondent No, 3's suit was regarding the transfer of immovable property and as such the same is covered wider section 16. Of Code of Civil Procedure; no doubt the petitioner has not raised the objection of territorial jurisdiction in their application under section 12(2), CPC but have raised the said objection during the arguments and as such the learned Trial Court was bound to allow the petitioner to amend the petition for the objection of territorial. Jurisdiction. In case the Trial Court is not having territorial jurisdiction to entertain the suit, the decree or order will be nullity. As this issue has not been .Attended to by the learned Trial Court, I feel it appropriate that the matter is remanded to the learned Trial Court with the direction that the learned Trial Court will allow the petitioner to amend the application under section 12(2), CPC and after obtaining amended reply to the application will 'runic an issue 'on the point of Jurisdiction as issue and will decide the matter after hearing the parties in accordance with law.
As it is an old matter, the learned Trial Court will decide the same within three months on receipt of certified copy of this judgment even at the cost of day-to-day hearing."
2. Learned ASC appearing on behalf of the petitioner contended that where the question of jurisdiction was not raised at the earliest possible opportunity, it could not be raised subsequently, therefore, the finding of the learned Trial Court and the Revisional Court was not open to any interference. Learned ASC next contended that where the property was transferred during the pendency of the suit, such transfer being hit by section 52 of the Transfer of Property Act will not clothe the beneficiary of such transfer with a locusstandi to challenge the decree so passed through an application under section 12(2), CPC.
3. Learned ASC appearing on behalf of the respondents contended that where the Court passing the decree did not have jurisdiction, the decree would be a nullity in the eye of the law and that this objection was not only raised in the application under section 12(2), CPC but also during the course of arguments.
4. We have gone through the entire record carefully and have considered the submissions of the learned ASCs for the parties.
5. Paragraph of the impugned judgment quoted above shows that the learned Judge of the High Court in its Chambers, by taking stock of the entire situation, rightly held that the petitioner before the High Court be allowed to amend his application under section 12(2), CPC a preliminary issue on jurisdiction be framed and decided accordingly. We, at this stage, don't feel persuaded to interfere with the impugned judgment.
6. For the reasons discussed above, this petition being without merit is dismissed and the leave asked for is refused. High Court Judgment Upheld/Leave