1981CLC1539 (PLP)
| Citation | 1981CLC1539 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Zaffar Hussain Mirza, J |
| Parties | |
| Primary Law | (b) Registration of Claims (Displaced Persons) Act (III of 1956)‑ |
Q1: What are the key laws and sections cited in 1981CLC1539 (PLP)?
This judgment primarily cites: (b) Registration of Claims (Displaced Persons) Act (III of 1956)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC1539 (PLP)?
The case was heard and decided by the Karachi bench comprising: Zaffar Hussain Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC1539 (PLP) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ishaque Muhammad Khan for Petitioners.
- Abhas farooqui for Respondents.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ ‑‑ O. 1, r. 10‑Necessary. party‑ Prefer party‑‑Meaning and distinc tion.‑[Words and phrases]. It is well settled that no party can be allowed to contest a matter pro bono publiceo and a necessary party is one who ought, to have been joined as a party to the proceeding and in whose absence no effective adjudication can be made. On the other hand, a proper party is one whose presence before the Court is necessary to enable it effectually and completely to adjudicate upon and settle all questions involved in the proceedings. The object for impleading proper parties is to prevent needless multiplicity of proceedings. Courts, have, however, warned that the adjudication of a proceeding should not be embarrassed by simultaneous investigation of unconnected controversies, nor should persons who have no interest in the proceeding be added. ‑‑‑‑ S. 7 and Constitution of Pakistan (1973), Art. '99‑‑"Aggrieved person" and `aggrieved party"‑Right of appeal and revision‑ Available only to aggrieved person', and application competent by an `aggrieved party'‑Verification of claims‑A matter between per sons who abandoned some right in immovable property in India and State who wants to give them some grant by way of compensation
Strangers to abandoned property, held, not 'aggrieved persons'.‑‑‑ [Words and phrases‑‑Appeal (civil)‑Revision (civil)]. Amiruddin v. Hasandin P L D 1969 Lab. 661 ref. Muhammad Aala and K. A. Ghani for the Interveners.
Judgment & Decree
‑‑ O. 1, r. 10‑Necessary. party‑ Prefer party‑‑Meaning and distinc tion.‑[Words and phrases]. It is well settled that no party can be allowed to contest a matter pro bono publiceo and a necessary party is one who ought, to have been joined as a party to the proceeding and in whose absence no effective adjudication can be made. On the other hand, a proper party is one whose presence before the Court is necessary to enable it effectually and completely to adjudicate upon and settle all questions involved in the proceedings. The object for impleading proper parties is to prevent needless multiplicity of proceedings. Courts, have, however, warned that the adjudication of a proceeding should not be embarrassed by simultaneous investigation of unconnected controversies, nor should persons who have no interest in the proceeding be added. (b) Registration of Claims (Displaced Persons) Act (III of 1956)‑
‑‑‑‑ S. 7 and Constitution of Pakistan (1973), Art. '99‑‑"Aggrieved person" and `aggrieved party"‑Right of appeal and revision‑ Available only to aggrieved person', and application competent by an `aggrieved party'‑Verification of claims‑A matter between per sons who abandoned some right in immovable property in India and State who wants to give them some grant by way of compensation
Strangers to abandoned property, held, not 'aggrieved persons'.‑‑‑ [Words and phrases‑‑Appeal (civil)‑Revision (civil)]. Amiruddin v. Hasandin P L D 1969 Lab. 661 ref. Ishaque Muhammad Khan for Petitioners. Muhammad Aala and K. A. Ghani for the Interveners. Abhas farooqui for Respondents.