Law: Evidence Act, (1 of 1872)

Section: S. 115

  Writ petition-Parties=-Persons, though not parties to dispute at earlier stages, but affected by order impugned in writ petition-Competent to be parties to petition-Constitution of Pakistan (1956), Art. 170.   Evidence Act (I of 1872), S. 115--Estoppel operating in favour of A against B is not estoppel in favour of C who had not acted on any representations made by B.   Writ petition-Parties-Order of Settlement Commissioner upheld by impugned order of Chief Settlement Commissioner Settlement Commissioner not a necessary party to writ petition --Constitution of Pakistan (1956), Art. 170.   Writ petition-Settlement authorities' failure to dispose of application for transfer of house-Amounts to refusal to exercise jurisdiction-Petition competent-Constitution of Pakistan (1956), Art. 170-Mian Rahmat Khan Bhatti v. The Chief Settle ment and Rehabilitation Commissioner, Lahore and others Civil Petition for Special Leave to Appeal No. 145 of 1959 distinguished   Writ-Settlement authorities' failure to dispose of applica tion for transfer of house-Subsequent orders affecting same house passed in disregard of such application-Liable to be quashed-Certiorari granted-Constitution of Pakistan (1956), Art. 170.   Writ petition-Petitioner not disclosing in his application before Chief Settlement Commissioner for transfer of house that the house had been already transferred to another person-Non disclosure held immaterial for purposes of writ petition where petitioner at the same time had preferred a Revision from the order transferring house to such other person-Constitution of Pakistan (1956), Art. 170-[Obedur Rahman and others v. Darbari Lai and others A I R 1927 Lah. 1 ref. Dalmia Cement Limited v. District Local Board, Karachi and others P L D 1951` Kar. 211 considered.]   Displaced Persons (Compensation and Rehabilitation) Act (XXVIIl of 1958), Sched., para. I-Interpretation put on para. by Settlement Department-Cannot have force of law-Interpre tation of Statutes-Interpretation put by Department-Cannot have force of law.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., pare: 1, proviso…