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SUNNY VIEW COOPERATIVE HOUSING SOCIETY versus IRSHAD HUSSAIN

Civil Procedure Code of Civil Procedure 1908 Section 12 (2) and 115 of the Transfer of Property Act (IV 18 of 1882), the decision challenging the section 52 application and the injunction based on the affidavit lease pendens principle Petitioner / Vendor who During the dispute the land was purchased. The judgment and the decree were challenged in this case between the seller and others, which was the same case that was filed on the basis of the trial court's collective application filed by the applicant under Section 12 (2) CPC. Rejected that the applicant was not a party to the applicant. The lease was affected by Penden's principle because it had purchased the property in dispute with one of the parties in this case when it said that the buyer of the property from one of the parties in this case was entitled to the parties who had received the property. Can challenge the order. What ground was available under Section 12 (2), CPC: The trial court should have decided the application after providing the opportunity for trial and the parties to present evidence. Because of the misconception of the matters from the issue of the trial court's grant of approval, they were under judicial jurisdiction; the court failed to exercise the jurisdiction authorized by the law in which the amended jurisdiction was exercised. The remand was granted by the trial court after the decision of the merit high court application was made. After deciding the matters and recording the evidence, the merit should be decided top advocate from Kala Bagh lawyer