Law: Constitution of Pakistan, 1962

Section: 98

  Constitution of Pakistan (1962), Art. 98-.Petitioner, despite knowledge, failing to impaled parties necessary for proper adjudica tion of matter before Court-Writ petition, held, rightly dismissed.   In a writ petition against the order of the Settlement Authority the High Court cannot issue any effective writ in favour of the petitioner unless the third person to whom the property has been transferred by the respondent is also imp leaded in the writ petition. The Court has not to see the equities in favour of one party but also in favour of the other party. Where, therefore, the petitioner, despite the fact that the respondent in his written statement had pointed out that he had nothing to do with the property in dispute the same having been transferred by him to a third party, failed to implead the third party it was held that a valuable right had come to vest in the person to whom the respondent had transferred the property and since the petitioner failed to implead him despite his knowledge about the matter, no effective writ could be issued. The petition was dismissed.     Date of hearing: 9th February 1966.  ORDER INAMULLAH KHAN, C. J.-These are two Letters Patent Appeals (Nos. 292 of 1965 and 296 of 1965) against the order of A. R. Sheikh, J., dated the 22nd of October 1965, whereby he disposed of two writ petitions giving rise to the present two appeals. The writ petitions were dismissed on the ground that the necessary party was not before the Court so as to enable it to issue an effective writ. The writ petitions were filed in February 1962. Written statement on behalf of Hakim Ghulam Rasool respon dent was filed after about a month on 29th of March 1962, in. Writ Petition No. 270-R of 1962. The respondent Hakim Ghulam Rasool clearly stated that he had nothing to do with the property in dispute as he bad transferred it to Mst. Abida Begum, Mst. Zubaida Sultana, Mst. Farhat Sultana, Mst. Musrrat Sultana and Mst. Nargis Sultana. The respondent also gave their addresses in his written statement. He also prayed in the written statement that the petition should be dismissed on the ground of want of necessary parties. In spite of…