---S. 12(2)----If the intention of the lawmaker had been to restrict the right of filing application only to "person" who was party to the suit, then the word "party" ought to have been used.

 2022 Y L R 46
[Lahore (Multan Bench)]
ALLAH DITTA and others
Versus
MUHAMMAD YASIN and others

(a) Transfer of Property Act (IV of 1882)---

----S. 52---Qanun-e-Shahadat (10 of 1984), Art. 31---Suit for pre-emption by pre-emptors/respondents against another respondent was concurrently dismissed on ground of the non-fulfilment of necessary Talbs---Pre-emptors filed revision petition which was decreed after compromise based on written application and oral statement of special attorney of said another respondent---Applicants being subsequent bona fide purchasers filed application under S.2(2) of Civil Procedure Code, 1908---Held, that said another respondent posing himself as the owner of the suit property moved application for acceptance of the revision petition on compromise while he was not the owner of the suit property as he himself transferred the suit property in the name of present applicant---Respondent deliberately made false representation and made active concealment of fact from High Court, which amounted to fraud---At the time of decision of the revision petition on the basis of compromise, sad another respondent was not the owner of the suit property and had not possessed any interest in the suit property, therefore, his admission/statement regarding acceptance of the revision had no sanctity in the eye of law---Respondents also deliberately/knowingly concealed material facts regarding proceedings before Member Board of Revenue---Said revision petition was decided on collusive compromise, therefore, the mutation of exchange sanctioned in favour of one applicant was not hit by the principle of lis pendens---Respondents were attempting to take advantage of their own fraud through the process of court---Revision petition was allowed accordingly.

(b) Civil Procedure Code (V of 1908)---

----S. 12(2)---Locus standi---Scope---Word "person" as used in S.12(2) of the Civil Procedure Code, 1908---Interpretation---If the intention of the lawmaker had been to restrict the right of filing application only to "person" who was party to the suit, then the word "party" ought to have been used.

(c) Transfer of Property Act (IV of 1882)---

----S. 52---Lis pendens---Principle---Whoever acquires property during the pendency of action is held bound by the judgment that may be made against the person from whom he derived his title even though such a purchaser was not party to the action as had no notice of the pending litigation.

(d) Administration of justice---

----No man shall take advantage of his own wrong---Giving benefit of wrong to a wrong doer will be against the administration of justice.