Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17

Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 10

Islamabad Rent Restriction Ordinance (IV of 2001) S.17Civil Procedure Code (V of 1908), O.I, R.10Ejectment of tenantImpleading / deleting of any partyPrinciple filed ejectment petition against petitioner and two othersRelationship of landlord and tenant was denied by petitioner as he claimed to be owner in possession of the premises Respondents withdrew their claim against petitioner on the plea that they did not have any cause of action against him Petitioner filed application under O.I, R.10, C.P.C. for impleading as party to ejectment proceedingsRent Controller as well as Lower Appellate Court declined to implead petitioner as party to ejectment proceedings Validity No one could compel any plaintiff/petitioner to implead any person in a suit/petitionOnce any person was impleaded then for deletion of that person choice did not vest with the plaintiff/petitionerNo prejudice was caused to respondent if petitioner was allowed to join/remain in proceedings wherein respondents themselves impleaded him as tenant was necessary and proper party in proceedings for decision of controversy as per lawHigh Court in exercise of Constitutional jurisdiction set aside the orders passed by two Courts below and remanded the matter to Rent Controller for decision afreshConstitutional petition was allowed accordingly. Muhammad Mobin Siddiqui v. Mst. Shahzadi Begum and 2 others 1982 SCMR 233; Habibullah v. Zakir Ali and another PLD 2000 Kar. 238 and Messrs Mahboob Bakhsh (Pvt.) Ltd. v. Moinuddin Paracha and another 1989 CLC 1934 distinguished. Mian Umer Ikram ul Haq v. Dr. Shahida Husnain and another 2016 SCMR 2186; Yasin Khan v. Additional District Judge No.VII, District Judge West, Islamabad and 2 others 2019 YLR 2894 and Muhammad Haroon Abbasi v. Jameel Rabbani 2019 YLR 671 ref. JUDGMENT FIAZ AHMAD ANJUM JANDRAN, J. This single Judgment shall dispose of captioned writ petition as well as W.P. No. 118/2020 as both emanate from common order and judgment dated 02.11.2019 and 30.11.2019 passed by the learned Rent Controller and learned Additional District Judge IslamabadWest respectively whereby petitioners application under Order I, Rule 10 of the Code of Civil Procedure, 1908…

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