Application under section 12(2) CPC, filed by respondent No.1, was barred by limitation

2. Learned counsel for the petitioners, inter alia, contended that application under section 12(2) CPC, filed by respondent No.1, was barred by limitation. It was further contended that respondent No.1 had no locus standi to file the application. It was contended that even otherwise, suit filed by the petitioners was rightly filed and predecessor-ininterest of the petitioners was entitled to the decree under the Islamic Law of Pre-emption. In support of contention, learned counsel placed reliance on cases reported as ‘Sher Baz Khan and others Vs. Additional District Judge and 3-others’ (2016 YLR 452), ‘Mehr Moman Khan Vs. Ghulam Abbas and 3-others’ (2001 SCMR 1979), ‘Umar Din and Another Vs. Muhammad Sadiq Hussain and 15-others’ (1993 SCMR 1089), ‘Sarfraz Vs. Muhammad Aslam Khan and Another’ (2001 SCMR 1062) and ‘Darvesh Ali Vs. Munir Khan and Others’ (2001 CLC 1431). 

Part Of Judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD. 

Syed Altaf Hussain Shah, etc VS Multi Professional Cooperative Housing Society, etc..(Adv: Shakir ur Rehman Khan)

Civil Revision-204-2014 | 2020 CLC 1119

Honourable Mr. Justice Aamer Farooq