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1995 CLC 679

GHULAM RASOOL and 2 others vs MEMBER, BOARD OF REVENUE

Citation1995 CLC 679
CourtLahore High Court
Judge(s)Malik Muhammad Qayyum
ResultApplications dismissed

' This order shall dispose of C.M. No, 5477 of 1990 and C.M. No,5213/90 in Writ Petition No, 161 of 1967, both of which have been filed by Muhammad Munir and Muhammad Hussain, applicants herein, under section 12(2) of the C.P.C. For setting aside the order passed by this Court dated 15-5-1990 whereby two writ petitions were disposed of on the ground that the order was procured through fraud and misrepresentation.

2. These applications have been opposed by the respondents/writ petitioners by filing their replies in which a preliminary objection as to the locus standi of the applicants to file the present petition has been taken.

3. After hearing the learned counsel for the parties, I am of the view that the preliminary objection is well taken and the applicants have no locus standi to file the present applications. Admittedly the applicants were not parties to both the writ petitions but they claim that they had taken a part of the land in dispute through transaction of exchange in the year 1983-84. The transaction on the basis of which the petitioners claim their rights in the property took place during the pendency of these petitions and is, therefore, not only hit by the principle of pendente lite but is also violative of the temporary injunction issued by this Court in the aforesaid two writ petitions on 24-3-1967 whereby it was directed that the status quo shall be maintained. In the presence of these orders, respondents Nos.2 and 3 could not transfer any part of the land to the petitioners. The transaction in their favour being violative of the injunction issued by this Court is wholly void and no rights could be claimed on the basis thereof.

' These applications are dismissed with no order as to costs.

Cited by 1 case

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