Law: Civil Procedure Code (V of 1908)

Section: 3

Civil Procedure Code (V of 1908)--- ----O.I, R.3---Civil service---Who may be joined as defendants---Necessary party, non-impleading of---Effect---Appellant assailed order passed by High Court whereby appointment order issued in favour of appellant was set aside and the official respondents were directed to appoint the respondent---Validity---Careful examination of record showed that the appellant had categorically stated in his written statement that his appointment was made on the recommendations of the respective selection committee but the selection committee was not arrayed as party in the line of respondents---Without arraying the selection committee as party the (writ) petition was not properly filed and in absence of the necessary party no effective order cold be issued---Writ petition before the High Court was not maintainable---Appeal was accepted and the impugned was set aside. Shafqat Hayyat v. Muhammad Shahid Ashraf and 18 others 2005 SCR 57 and Kh. Ghulam Qadir and 5 others v. Divisional Forest Officer Demarcation and 3 others 1996 SCR 161 rel. Raeesa Mustafa v. Azad Jammu and Kashmir Government and 6 others 2014 SCR 165 and Inspector General of Police and 17 others v. Muhammad Fareed and 62 others 2019 SCR 351 ref. Ch. Shoukat Aziz for Appellant (in Civil Appeal No.163 of 2019). Mir Abdul Latif for Respondent No.1 (in Civil Appeal No.163 of 2019). Raja Ayyaz Ahmed, Assistant Advocate-General for Appellants (in Civil Appeal No.166 of 2019). Mir Abdul Latif for Respondent No.1 (in Civil Appeal No.166 of 2019). Date of hearing: 1st June, 2021. JUDGMENT KHAWAJA MUHAMMAD NASIM, J.----The titled appeals by leave of the Court have been directed against the judgment of the High Court dated 23.11.2018, whereby the writ petition filed by respondent No.1 has been accepted and the appointment order of the appellant, Muhammad Qadir Khan, has been set aside, while issuing the direction for appointment of respondent No.1, herein. 2. The facts of the case are that respondent No.1, herein, filed a writ petition in the High Court alleging therein, that he is first class State Subject, hailing from village Katkair, Tehsil and District Muzaffarabad. He alleged that…

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