| Citation(s) |
|---|
| 2023 SLG 589 2023 SLD 589 2023 SCMR 755 |
Supreme Court of Pakistan
Civil Petitions Nos. 3760 and 3759 of 2019, decided on 1st December, 2022. Date of hearing: 1st December, 2022.
Present: Sayyed Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar and Shahid Waheed, JJ
Malik Asif Taufique Awan, Additional A.G., Punjab for Petitioners (in both cases). Mudassar Khalid Abbasi, Advocate Supreme Court for Petitioners (in C.M.A. No. 10929 of 2019 in C.P. No. 3759 of 2019). Nemo for
Respondents.
Civil Petitions Nos. 3760 and 3759 of 2019, decided on 1st December, 2022. Date of hearing: 1st December, 2022.
Present: Sayyed Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar and Shahid Waheed, JJ
Malik Asif Taufique Awan, Additional A.G., Punjab for Petitioners (in both cases). Mudassar Khalid Abbasi, Advocate Supreme Court for Petitioners (in C.M.A. No. 10929 of 2019 in C.P. No. 3759 of 2019). Nemo for
Respondents.
CIVIL PETITION NO. 3760 OF 2019
Lahore High Court, Rawalpindi Bench in W.P. No. 3111/2018) AND CIVIL PETITION NO.3759 OF 2019
Lahore High Court, Rawalpindi Bench in W.P. No.341/2019)
PROVINCE OF THE PUNJAB through Deputy Commissioner/District Collector
Law: Civil Procedure Code (V of 1908)
Section: 10
Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Scope and object of O. I, R. 10, C.P.C.---Court, in exercise of powers conferred under O. I, R. 10, C.P.C. may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined be struck out and add the party who ought to have been joined or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved---Object of the said Rule is to bring on record all the persons who are parties to the dispute relating to the subject matter so that the dispute may be determined in their presence at the same time without any protraction, inconvenience and to avoid multiplicity of proceedings. JUDGMENT MUHAMMAD ALI MAZHAR, J.---These Civil Petitions for leave to appeal are directed against the consolidated Order dated 26.06.2019 passed by the Lahore High Court, Rawalpindi Bench in W.P. No.3111/2018 and W.P. No.341/2019, whereby both the Writ Petitions filed by the respondents were disposed of with certain directions. 2. The short-lived facts of the case are that the Administrator, Islamabad Capital Territory (ICT), in exercise of powers conferred upon him by the President in pursuance of Article 2 of the Islamabad Capital Territory (Administration) Order, 1980 constituted 52 new revenue estates in Islamabad vide Notification No. 41/1/81-AFT dated 06.01.1981; the said Revenue Estates are located at the boundary of the Rawalpindi and Islamabad Districts. The Military Estate Officer, Rawalpindi Circle had required the land measuring 259 kanals and 03 marlas situated in Mouza Ojri Kalan vide notification published in the Punjab Gazette on 15.09.2014, however, pursuant to an Order passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi on 09.12.2015 in Writ Petition No. 2258/2004, the area falling within the District Islamabad was de-notified vide Notification dated 01.08.2016. However on account of further proceedings, a Notification under Section 4 of the Land Acquisition Act, 1894 for…
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