Law: Constitution of Pakistan, 1973

Section: 199,185(3)

Constitution of Pakistan (1973)--Arts.199 & 185(3)--Civil Procedure Code (V of 1908), O.I, R.9--Non-joinder of necessary party--Effect--Dismissal of Constitutional petition--Appeal against Constitutional petition dismissed by High Court as a necessary party was not impleaded--Respondents' written statement in answer to Constitutional petition, held, was enough notice to appellants that person not impleaded was a necessary party--Appellants' Constitutional petition having been rightly dismissed for not impleading a necessary party, petition for leave to appeal against same was also dismissed m circumstances. Sardar Akhtar Ali Harder, Advocate Supreme Court instructed by S. Safdar Hussain, Advocate-on-Record for Appellants. Respondents: Ex parte. Date of hearing: 8th October, 1988. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court, is directed against the judgment dated 7th of June, 1974 of the Peshawar High Court, whereby a Constitutional Petition of the appellants regarding the transfer of an urban evacuee property to respondent No.5, was dismissed. The property was first ordered to be transferred to appellant No.1 through the draw of lots. He attempted to transfer it to his wife-appellant…

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