Law:

Section:

(a) Specific Relief Act (I of 1877)-------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---Validity---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. (b) Civil Procedure Code (V of 1908)--- ----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. Nemo for Respondent: Date of hearing: 20th June, 2011. ORDER 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…

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