Law:

Section:

(a) Constitution of Pakistan------Arts. 199 & 184(3)---Civil Procedure Code (V of 1908), O. I, R.10(2)---Public interest litigation---Impleadment of a party to such litigation---Principles---More liberal stance was needed to be taken by the courts for impleadment of parties to such litigation, to enable it to hear all the parties concerned, who were likely to be affected by any in such proceedings. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 10(2)---Constitution of Pakistan, Art. 199---Public interest litigation---Impleadment of a party to such litigation---Principles---Necessary and proper party---Scope---Party whose "interest was likely to be prejudiced"---Constitutional petition was filed before the High Court in the nature of public interest litigation questioning the manufacturing and marketing of Woven Poly-Propylene ("WPP") bags and in such context direction was sought to stop any further procurement of such bags or any plans to store any essential daily use item like wheat in such bags---Applicant -company, which claimed to be manufacturer and supplier of WPP bags moved an application before the High Court under O.I, R. 10(2), C.P.C. to be joined as a respondent in the constitutional petition since decision of the petition was likely to affect their interest, and since it could render proper technical assistance to the court about the technical aspects of process of manufacturing of WPP bags---High Court refused said application---Validity---Held, in case constitutional petition was granted in terms of the prayer made therein, the interest of applicant-company was likely to be prejudiced considering the fact that it manufactured WPP bags---Joining of applicant-company as a respondent to the constitutional petition was not only proper but also necessary in such circumstances--- Even otherwise in cases involving issues of public interest litigation, more liberal stance was needed to be taken by the courts for impleadment of parties to such litigation, to enable it to hear all the parties concerned, who were likely to be affected by any in such proceedings---Order of High Court was set aside and applicant-company was allowed to be joined as a…

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