| Citation(s) |
|---|
| 1981 SLG 3201 = 1981 SLD 3201 = 1981 CLC 1539 |
Court of Special Judge, Karachi
Constitutional Petition No. 24 of 1978, decided on 5th April, 1980.
Presented By: Zaffar Hussain Mirza, J
Amiruddin v. Hasandin P L D 1969 Lab. 661 ref. Ishaque Muhammad Khan for Petitioners. Muhammad Aala and K. A. Ghani for the Interveners. Abhas farooqui for
Respondents.
Constitutional Petition No. 24 of 1978, decided on 5th April, 1980.
Presented By: Zaffar Hussain Mirza, J
Amiruddin v. Hasandin P L D 1969 Lab. 661 ref. Ishaque Muhammad Khan for Petitioners. Muhammad Aala and K. A. Ghani for the Interveners. Abhas farooqui for
Respondents.
HAKIM ALI AND ANOTHER-Petitioners ADDITIONAL SETTLEMEN-1 COMMISSIONER (LAND) AND ANOTHER--Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. 1, r. 10
Law: Constitution of Pakistan, 1973
Section: 99
(a) Civil Procedure Code (V of 1908) O. 1, r. 10-Necessary. party- Prefer party--Meaning and distinc tion.-[Words and phrases]. It is well settled that no party can be allowed to contest a matter pro bono publiceo and a necessary party is one who ought, to have been joined as a party to the proceeding and in whose absence no effective adjudication can be made. On the other hand, a proper party is one whose presence before the Court is necessary to enable it effectually and completely to adjudicate upon and settle all questions involved in the proceedings. The object for impleading proper parties is to prevent needless multiplicity of proceedings. Courts, have, however, warned that the adjudication of a proceeding should not be embarrassed by simultaneous investigation of unconnected…