2011 SCMR 1460 (PLP)
Mst. JANNAT BIBI -Appellant Versus SARAS KHAN — Respondent
| Citation | 2011 SCMR 1460 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khilji Arif Hussain and Mian Saqib Nisar, JJ |
| Parties | Mst. JANNAT BIBI -Appellant Versus SARAS KHAN — Respondent |
| Primary Law | (a) Specific Relief Act (I of 1877), (b) Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2011 SCMR 1460 (PLP)?
This judgment primarily cites: (a) Specific Relief Act (I of 1877), (b) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1460 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1460 (PLP) (Mst. JANNAT BIBI -Appellant Versus SARAS KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent:
- Date of hearing: 20th June, 2011.
Headnotes / Summary
(Against the order dated 12-1-2005 passed by Lahore High Court, Lahore in C.R. No. 2723 of 2004).
S. 42-Civil Procedure Code (V of 1908), O.I, R.9
Constitution of Pakistan, Art. 185(3)
Suit for declaration of title to suit land
Contest between private parties-Non-joinder of Development Authority (LDA) as defendant in suit
High Court non-suited plaintiff on such failure
Plaintiff could not be denied relief on ground of mis-joinder or non joinder of a party
Duty of court to do justice and not to knock out parties on technical grounds
Development Authority could be a proper party, but not necessary party, on which ground relief could not be denied to plaintiff-Supreme Court set aside impugned order and remanded case to High Court for decision afresh on merits.
O. I, R.9
Misjoinder or non joinder of a party
Effect
Plaintiff could not be denied relief on such ground
Duty of court would be to do justice and not to knock out parties on technical grounds. Appellant in person.
Judgment & Decree
KHILJI ARIF HUSSAIN, J.
This appeal, with leave of the Court, is directed against the order dated 12-1-2005, passed by a learned Single Judge in Chambers of the Lahore High Court, Lahore, whereby the appellant was non-suited on the ground that the Lahore Development Authority (LDA) as a necessary party, has not been arrayed as one of the defendants/respondents.
2. We have heard the appellant and perused the record. It appears that only on the ground that the appellant has not impleaded the LDA as one of the defendants in a suit for declaration in respect of his title, the appellant has been non suited. It is by now settled principle of law that a plaintiff cannot be denied relief on the ground of mis-joinder or non-joinder of a party. Even otherwise, it is the duty of the Court to do justice and not to knock out the parties on technical grounds. We have also taken note of the fact that the dispute between the parties is in respect of a private dispute between the two private persons and at best LDA can be proper party and not necessary party, on which ground too relief cannot be denied to the appellant.
3. In view of the above, instant appeal is allowed, the impugned order is set aside and the case is remanded to the High Court to decide the same afresh on merits. S.A.K./J-8/SC Case remanded.