Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), S.12(2)---Constitutional petition---Non-impleadment of necessary party---Maxim: Audi alteram partem---Applicability---Constitutional petition was filed seeking direction to National Database and Registration Authority sought permission to implead private respondent in the constitutional petition which was granted and amended petition was submitted but no notice was served on the said private respondent---High Court disposed of constitutional petition with the direction to National Database and Registration Authority to decide the application of petition---National Database and Registration Authority while deciding application of petitioner blocked National Identity Card of private respondent---Contention of private respondent was that impugned order had been obtained through fraud and misrepresentation---Validity had not impleaded private respondent as party in the constitutional petition who was adversely affected---Service of private respondent was not effected after her impleadment in the constitutional petition---Constitutional petition was disposed of on the statement of petitioner with the direction to National Database and Registration Authority to decide his application which was not pending at that time and was filed subsequently after passing of impugned order---Private respondent who had been adversely affected by the impugned order was to be afforded opportunity of hearing---Constitutional petition for setting aside of impugned order was allowed---National Database and Registration Authority was directed to restore the position of data of private respondent in their record immediately--- Order accordingly. ORDER MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- In the first instance we would like to dispose of application filed by respondent No.7 under section 12(2), C.P.C., whereby she has made following prayer: "It is respectfully prayed on behalf of the Respondent No.07 that this Honourable Court may be pleased to set-aside the Order dated 30.08.2016 passed in the above mentioned petition, as the same have been obtained by the Petitioner by way of fraud and through…

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