The Lahore High Court has appointed Ch. Imran Hassan Ali, Advocate, as amicus curiae (friend of the Court) to assist on an important question of law concerning the maintainability of a revision petition arising from execution proceedings in an eviction matter.
The case arose after an eviction order was passed against a tenant. During execution, a third party claiming to be a sub-tenant filed objections asserting his entitlement to retain possession of the premises. The objections were dismissed by the Executing Court, which directed him to vacate the premises. His appeal against that order also failed, prompting him to invoke the revisional jurisdiction of the High Court.
The Court has sought assistance from the amicus curiae on whether such a revision petition is maintainable, particularly in light of the relevant provisions of the Code of Civil Procedure governing execution proceedings, appeals and revisions.
The proceedings raise significant questions concerning the scope of revisional jurisdiction and the remedies available to persons claiming independent or derivative rights in property during the execution of an eviction order.
It is a great honour for Imran to be called upon to appear as Friend of the Court.
All praise is for Allah alone!
A Special Division Bench of the Lahore High Court has rendered judgment in two cases raising significant questions concerning the interpretation and application of sections 2(b), 22(6) and 24 of the Punjab Rented Premises Act, 2009, in which Ch. Imran Hassan Ali, ASC, appeared as amicus curiae to assist the Court on the questions of law involved.
The proceedings arose against the backdrop of conflicting views expressed by different Single Benches of the Lahore High Court on the questions requiring determination. The matters had initially come before a Single Bench which, having noticed the divergence in judicial opinion and the importance of settling the controversy, referred the cases to the Chief Justice with a request that they be placed before a Division Bench for authoritative determination. The Chief Justice subsequently directed that the matters be heard by a Division Bench.
On 4 May 2026, the Special Division Bench appointed Ch. Imran Hassan Ali, ASC, as amicus curiae to assist the Court in resolving the legal questions involved.
The cases were heard at length during June 2026, with the proceedings extending over several days. Following extensive submissions, judgment was reserved on 30 June 2026 and was pronounced on 16 September 2026..
The judgment does not accept the interpretation advanced by Imran Hassan Ali in his submissions as amicus curiae. Interestingly, however, the Court ultimately arrived at the very result which Imran had invited the Court to reach. Although the Court ultimately adopted a different legal route from that proposed by the amicus curiae, the fact that the conclusion reached corresponds with the result advocated in his submissions gives the judgment particular legal interest. It also illustrates an important feature of appellate advocacy: the Court may arrive at the same destination while adopting a different route in its reasoning.
In this respect, readers’ attention is invited especially to paragraphs 29 and 38 of the judgment.
The judgment has been reported at 2026 LHC 5680. It can be accessed online at the Lahore High Court website by clicking here.
It is a great honour for Imran to have been asked to appear as amicus curiae in a matter involving conflicting precedents and questions requiring authoritative consideration by a Division Bench. It is a significant professional distinction.
All praise is for Allah alone!