Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R.10---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction--- Necessary party---Licensing Committee already recommended for awarding tender in favour of applicant---Application to implead as necessary party in suit was filed by applicant---Validity---"Person" under O. I, R. 10, C.P.C., was a person whose interest was likely to be affected even though no relief was claimed against him---Such indulgence could not be extended to a person who had no interest which was likely to be affected by proceedings---Where right was created in favour of applicant its presence could not be ruled out in view of a possible decree that might be passed in suit---Application was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD SHAFI SIDDIQUI, JUSTICE:---.--- This is an application under Order I, Rule 10, C.P.C. filed by the applicant NLC Construction Solutions (Private) Limited. The applicant/Intervener prayed that the subject matter of this suit is one that they are directly interested in and are thus necessary and proper party and their presence as being one of party is necessary and essential in order to reach to a fair and justified conclusion. The subject matter of the suit is procurement of a service under Procurement Ordinance, 2002 and Public Procurement Authority Rules, 2004 as alleged by the plaintiff. The subject service include tracking and monitoring of cargo from one destination to another. The plaintiffs have challenged the method adopted in awarding the license and also mode of evaluating the investment criteria which was claimed to have been changed subsequently to benefit some none deserving companies participated in the tender. Plaintiffs as such prayed as under:-- (1) Declare that the defendants have violated the provisions of the Ordinance, 2002 and Rules 2004 during the procurement process; (2) Declare that the license under the Rules 2012 and the Letter of Invitation dated 29.10.2015 should be awarded to the plaintiff. (3) Prohibit the defendants from directly as well as indirectly, through its officers, employees, servants, agents or assigns from awarding a license to…

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