2010 PLP 205 (YLR)
CONTROLLER (NOW DIRECTOR), KARACHI — Applicant Versus Messrs NADEEM ENTERPRISES through Proprietor — Respondent
| Citation | 2010 PLP 205 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Faisal Arab, J |
| Parties | CONTROLLER (NOW DIRECTOR), KARACHI — Applicant Versus Messrs NADEEM ENTERPRISES through Proprietor — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2010 PLP 205 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 205 (YLR)?
The case was heard and decided by the Karachi bench comprising: Faisal Arab, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 205 (YLR) (CONTROLLER (NOW DIRECTOR), KARACHI — Applicant Versus Messrs NADEEM ENTERPRISES through Proprietor — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
Headnotes / Summary
S. 79
Constitution of Pakistan (1973), Art.174
Suit against Federal Government without impleading the Federation of Pakistan as a party
Decree passed against the Federal Government against which the appeal was filed also suffered from similar inherent defect i.e. non- impleading the Federation of Pakistan as party, and therefore, the decree passed in favour of the respondent (plaintiff in the suit) was not executable against the judgment-debtors (Government Depart ment). Haji Abdul Aziz v. Government of Balochistan 1999 SCMR 16 ref. Irfanullah G. Ali for Applicant.
Judgment & Decree
FAISAL ARAB, J.
The back-ground of the present proceedings is that the respondent filed a suit for declaration, injunction and damages against the applicants without impleading Federation of Pakistan as party. The suit was decreed in favour of the plaintiff. The applicants, who were the defendants in the suit, filed appeal before the District Judge, Karachi West, which was dismissed on the ground that the appeal ought to have been filed by the Federation of Pakistan in terms of section 79 of the Civil Procedure Code as the appeal is continuation of the proceedings, therefore it also suffers from such inherent defect. Against the dismissal of the appeal the present Revision has been filed by the applicants, who have stated that it was the respondent who filed the suit without impleading Federation of Pakistan as party and in spite of this omission the suit was decreed and the applicants merely being defendants have challenged the impugned judgment. The learned counsel for the applicants states that if the appeal was not maintainable then the decree that has been passed also suffers from the same defect should not have been left operational against the applicants. The learned counsel for the applicant has referred to the case of Haji Abdul Aziz v. Government of Balochistan reported in 1999 SCMR 16, wherein the Honourable Supreme Court of Pakistan while referring to Article 174 of the Constitution held that the Federation of Pakistan in such type of case has to be made a party. In the circumstances through the appeal was rightly dismissed for non- impleading the Federation of Pakistan as a party but it is necessary to observe that the decree against which the appeal was filed also suffered from similar inherent defect i.e. non-impleading the Federation of Pakistan as party, therefore the decree passed in favour of the respondent is not executable against the applicants in this case, who are judgment debtors in the suit. The Civil Revision stands disposed of in the above terms. M.A.K./C-21/K Order accordingly.