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MUHAMMAD DIN versus MUHAMMAD AMIN


Establishment of sub-trial cases in sections 115, 151 and 10 of the Code of Rule 1908, the principal dispute concerning the title of property subdivision, decision in the High Court to deal with the privilege of the property by the High Court for the establishment of suits in the subordinate courts. The hearing was outside the scope of the review proceedings advised by the High Court, the suit should be addressed to the seized courts

1986 M L D 576

[Lahore]

Before Qurban Khan, J

MUHAMMAD DIN and others‑‑Petitioners

versus

MUHAMMAD AMIN and other‑‑Respondents

Civil Revision No. 516/1) of 1984, decided on 21st July, 1985.

Civil Procedure Code (V of 1908)--‑

‑‑‑Ss. 115, 151 & 10‑‑Stay of suits pending in subordinate Court‑ Principal dispute relating to title of property sub, judice in High Court‑ Prayer for stay of suits in subordinate Courts pending disposal of entitlement of property by High Court, held, was beyond scope of revision proceedings‑‑Party advised by High‑Court, to make relevant prayer to Courts seized of suits.

Syed Abdul Salaam for Petitioners.

Aslam Riaz for Respondents.

Date of hearing: 7th April, 1985.

JUDGMENT

This Civil Miscellaneous filed under sections 151 and 10 of the C.P.C., prays for stay of proceedings in two other suits, bearing Nos. 48/1 and 49/1 pending in the Court of Civil Judge, Toba Tek Singh, for the reason that the principal dispute relating to entitlement of the house is sub judice in this Civil Revision. It is clear that pending the determination of entitlement regarding the house in dispute, such rights and liabilities may not be allowed to follow as may be liable to be regulated by the ultimate decision relating to title but the request made here is beyond the scope of these proceedings and the relevant prayer should in law have been made to the Court which is seized of those other suits. This Civil Miscellaneous is disposed of with the above observation.

A.A. Order according.

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