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[Lahore].
Letters Patent Appeal No. 357 of 1968 and Review Application No. 19 of 1985, decided on 7th May, 1985.
--- Cl. 10--Application seeking clarification of order passed in Letters Patent Appeal--Counsel for parties agreed that petitioner would be entitled to raise wall according to site plan placed on record--Court ordered accordingly.
(b) Civil Procedure Code (V of 1908)--
---S. 114--Review application--Petitioner had nothing to do with building transferred to others and had never been party to any proceedings- Held, it was too late for petitioner to wake up and ask for review of order to which he was not even party--Review application dismissed in circumstances.
S.M. Zamir Zaidi for Appellants (in Civil Miscellaneous No. 583 of 1980 .
Aashir A. Mujahid for Respondent No. 1(in main case).
This is an application by Fazal Din asking for clarification of the order passed in L.P.A. No. 357 of 1968 sin 12-2-1985. It is agreed to by his learned counsel Mr. S. M. Zamir Zaidi, Advocate and by Mr. Bashir A. Mujahid, Advocate for Jews who is accompanied by latter's son Abdus Sattar on their own authority and instructions that on the site plan now placed on record from point "A" up to, point "B", at a distance of 13 feet, Fazal Din will be entitled to raise a wall from point "B" at 90 degree joining the well existing today and belonging to Siraj Din. It would roughly be about 30 feet long. It is ordered accordingly. There shall be no order as. to costs. The site plan is signed by the two learned counsel and is placed*on the record.
Review Application No. 19 of 1985
This is a review application by Sabir Hussain transferee of adjoining plot. Learned counsel states that the applicant is also entitled to use the 'stair-case falling in the building transferred to Siraj Din etc. The applicant has nothing to do with the building transferred to others. He has to confine himself to the portion transferred to him. He has never been a party to the proceedings. It is too late in the day for him to wake up and ask for review of the order to which he was not even a party.
The application is dismissed in limine.
H. B. T.
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