| Citation(s) |
|---|
| 1973 SLG 3185 = 1973 SLD 3185 = 1973 PLD 809 |
Lahore High Court
Letters Patent Appeal No. 27 of 1966, heard on 26th February 1973.
Presented By: Sardar Muhammad Iqbal, C. J. and Javid Iqbal, J
Sh. Ghulam Muhammad and another v. The Bank of Bahawal pur Ltd, and 21 others 1971 S C M R 148 distinguished. Mian Mahmood. All Kasuri and Sh. Abdul Manan for Petitioner. A. H. Najfi and Ahmad Hassan Khan for
Respondents.
Letters Patent Appeal No. 27 of 1966, heard on 26th February 1973.
Presented By: Sardar Muhammad Iqbal, C. J. and Javid Iqbal, J
Sh. Ghulam Muhammad and another v. The Bank of Bahawal pur Ltd, and 21 others 1971 S C M R 148 distinguished. Mian Mahmood. All Kasuri and Sh. Abdul Manan for Petitioner. A. H. Najfi and Ahmad Hassan Khan for
Respondents.
Sardar NOOR HUSSAIN-Appellant
VERSUS
CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 2 OTHERS-----Respondents
Law: Letters Patent (Lahore), 1919
Section: 10
Law: Constitution of Pakistan, 1962
Section: 98
Law: Civil Procedure Code (V of 1908)
Section: O. XXII, rr. 4, 2
(a) Letters Patent (Lahore), cl. 10 and Constitution of Pakistan (1962), Art. 98 read with Civil Procedure Code (V o, 1908), O. XXII, rr. 4 & 2-Writ petitions, and Letters Patent appeals arising out of orders passed in writ petitions-Provisions of O. XXII, r.4, C. P. C. respecting abatement applicable-Writ proceedings---- Authority or Tribunal whose order is challenged, may be a party to such proceedings-Nevertheless on death of a respondent, proceedings would abate in tote if legal representatives of such respondent, who were to be (adversely affected by quashing of impugned order) is not brought on record-Word "appeals" in r. 2 of O. XXII, C. P. C. includes within its scope appeals under cl. 10, Letters Patent (Lahore?-Rules framed by High Court, pertaining to practice and procedure of Court in writ proceedings and appeals, are in addition to and not in derogation of rules laid down in C. P. C. a he provisions of C. P. C. respecting abatement (Order XXII. rule 4) were applicable to writ petitions as well as the proceed. lags in Letters Patent Appeals arising out of orders passed in writ petitions. On the death of one of the respondents, if his legal representatives are not substituted within prescribed time, the proceedings would abate In toto for in the absence of the persons to be adversely affected by the quashing of an order in a proceeding under Article 98 of the Constitution of 1962, no effective order for quashment could be made, for, that would not bind the persons who had been benefited by the impugned order, and it was a well-settled principle that in such circumstances a Court would not make an ineffective order or an order which could be flouted in a proceeding under Article 98 of the Constitution. Therefore, the persons to be adversely affected are necessary parties, and even under the rules framed by the High Court itself for writ proceedings it is necessary to join all persons who were to be adversely affected in the event of the impugned order being set aside. The word `appeals' appearing in rule 2 of Order XXII of the C. P. C. intended to include within its scope appeals enter tained under clause 10 of the High Court of West…