6. In case titled “Sh. Shajar Hussain v.
Haji Abdul Majeed and others” (2006
SCMR 913), it has been held as under:-
“After hearing the learned counsel for
both sides and taking into
consideration the fact that the
property was originally owned by the Panjnad Textile Mills, therefore, it
was incumbent upon the
plaintiff/petitioner to have impleaded
it as party and in absence of the
original owner decree passed shall
cause injustice to it and such order
would not be executable against a
person who was not a party to the
proceedings. Therefore, we accept the
request of the learned counsel for the
petitioner. As a result whereof
petition is converted into appeal the
impugned judgment dated 1-3-2000
as well as judgments dated 2-2-1998
and 15-7-1996 passed by the trial
Court and First Appellate Court are
set aside and permission is accorded
to the petitioner to withdraw the civil
suit and file fresh suit on the same
cause of action in accordance with
law. Parties to bear their own costs”
Part Of Judgment
IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
WP- Family Law11914-15
| 2015 LHC 6866 |
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