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SHAMEER versus NOORA

Section 12 (2) Constitution of Pakistan (1973), Article 199 Constitution Petition suit rendered judgment on the oath of one of the petitioners under section 12 (2), the authenticity of the CPC (petitioner) ) And his real brother filed a statement challenging the transfer of land by mutation in favor of the plaintiff During the trial, one of the plaintiffs (petitioner's brother) presented the verdict on the oath. And as a result the trial court challenged the petitioner / co-plaintiff on 26-6 1985. Under Section 12 (2) of the CPC, the trial court claimed through the petition that since they were the owners of the suit land, the case could not be decided by the trial court on the statement of one of the defendants. The trial court reversed the trial court's finding. The plaintiff's claim that he purchased the suit land from only one of the plaintiffs, who, together with the plaintiff, had made a statement about the officer, nor was he a partner in the URT or his agent. If no statement is given about the statement, it cannot be used against the participant / applicant. The remedy available to the applicant was to challenge the order by application under section 12 (2) only. The CPC dispute, since the defendant sold, was followed by an injunction in favor of the land premier for the buyers, and was stated That the importer was to be imposed as a party to the application under Sector 12 (2), CPC, there was no such request of the respondents. In this case, before the matter was settled, the defendants were raised family advocate from Chowk Maitla lawyer