2006 PLP 2662 (YLR)
ABDUL GHAFOOR — Petitioner Versus ALAMGIR and 4 others — Respondents
| Citation | 2006 PLP 2662 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Zahid Hussain, J |
| Parties | ABDUL GHAFOOR — Petitioner Versus ALAMGIR and 4 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2006 PLP 2662 (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 2006 PLP 2662 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Zahid Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2662 (YLR) (ABDUL GHAFOOR — Petitioner Versus ALAMGIR and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Abdul Majid Dogar for Petitioner.
- Ch. Aamir Rehman, A.A.-G. for Respondents.
- Date of hearing: 20th December, 2005.
Headnotes / Summary
0.1, R.IO
Constitution of Pakistan (1973), Art.199
Application for
Constitutional petition
Pending revision petition filed by respondents Nos.1 & 2 against respondent No.4, application filed by petitioner for being impleaded as party was rejected
Such order had been assailed by petitioner in his constitutional petition, alleging that said order was not only shorn of reasoning, but was a non=speaking order
Petitioner had further contended that he had vital interest in the subject-matter of revision petition and was entitled to be impleaded as a party
Application of petitioner for Impleading him as party was dismissed without due application of mind, which was not maintainable in law
Said order was declared as without lawful authority
Application filed by petitioner would be deemed pending
Petition was accepted to that extent.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
In the revision petition filed by respondents Nos.1 and 2 against respondent No.4 which is pending before the Board of Revenue, and application for being impleaded as party had been filed by the petitioner which stands rejected vide order dated 7-7-2005. The same has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. It is contended by the learned counsel that not only that the order is shorn of reasoning and is a non-speaking order, the petitioner had vital interest in the subject-matter of revision petition and was entitled to be impleaded as such. Report and parawise comments have been received from the Board of Revenue whereas none of the other respondents have appeared.
3. By stating the background a foundation was sought to be laid for being impleaded as party and heard in the matter. The application as is evident from the impugned order appears to have been dismissed without due application of mind. The order, therefore, is unsustainable in law which is declared as without lawful authority. In such circumstances, the application filed by the petitioners will be deemed pending before respondent No.5 who will consider the same with the view that in case the petitioners are heard in the revision petition lot many complications could be avoided, rather keeping them out of the contest. The petition is accepted to this extent with the above observations, with no order as to costs.???? H.B.T./A-140/L?????????? Case remanded.