Law: Civil Procedure Code (V of 1908)

Section: 24, 151 , 10

Civil Procedure Code (V of 1908)--- ----Ss. 24, 151 & O. 1, R. 10---Constitution of Pakistan (1973), Art. 203-- Application to be impleaded in appeal---Person desirous to join as party in appeal making application for transfer of appeal from one Court to another Court---Locus standi to make such application---Mode of exercise of jurisdiction by High Court in such matters---Applicant having raised issue in appeal, same was yet to be decided and his interest being likely to be prejudiced, he was covered by the term "party" as used in S 24, C.P.C.---Parties are not to be limited to those persons named in. the title of suit or appeal but would include persons, who have made applications under 0.1, R. 10, C.P.C. or filed objections in execution---Rule of interpretation of statements is the interpretation which advances the remedy rather than which barred the remedy---High Court in the matter of transfer of cases can decide such application suo motu under S. 24, C.P.C.; under S: 151, C.P.C. and under Art. 203 of the Constitution-- Respondent had not contested power of High Court to transfer the matter suo motu---District Judge had failed to appreciate that in face of allegations made in transfer application, it was neither in the interest of parties. nor in the interest of Appellate Court where appeal was pending nor even of the system to let the proceedings continue in the same Court---Basic rule underlying the whole judicial system is that justice should not only be done but it .should seem to have been done--Application for transfer of appeal was granted and appeal was transferred to specified Court for adjudication. Zafar Iqbal v. Mahzoor Hussain 1994 CLC 886; Mian Abdul Qadoos v. Faqirullah Minhas and others 1994 MLD 1153; Mir Pio Jan and others v. District Judge, Bannu and others 1990 CLC 1165; H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65; Bisandaval Sitaram, Firm of, Akola v. Bodulal-Ladhuram and another (1917) 42 IC 746; Black's Law Dictionary Fifth Edn. and M & A Elec. Power Co-op. v. True, Mo. App. 480 SW 2d 310, 314 ref. Words and phrases---   ---- Term "party" Meaning…