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Co-sharer

Possession of one co-sharer in possession of all . 1998 MLD 857, 1857; 2006 YLR 831; 2008 SCMR 661, 616; 2008 SCMR 905. Co-sharer to establish right of co-heirship . 2008 MLD 278. For more , you can consult omara.khan789@gmail.com or call +923123450006

When an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non-prosecution, stand revived

PLJ 2018 Islamabad 276 Present : Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Constitution of Pakistan, 1973, Art. 199--Execution of lease agreement--Default in payment of rent--Violation of terms and Conditions--Eviction Petition--Dismissed for non prosecution--Application for restoration--Allowed--Tentative order--Struck off right of defence--Eviction Petition allowed--Appeal was dismissed--Determination--Direction to--It is well settled that when a suit is dismissed for non-prosecution, and an application for restoration is filed, Court/Tribunal can, while said application is pending, pass interim orders--It is also well settled that when an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non...

2013 S C M R 587

Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For more , you can consult omara.khan789@gmail.com or call +923123450006

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