Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 42 & 44---Appeal---Amendment of Constitutional petition---Application for amendment never taken into consideration by High Court nor respondent was asked to file any objections to amendment application---Question of amendment and effect of material sought to be incorporated in Constitutional petition had direct bearing on point as to whether appellant was "aggrieved" JUDGMENT SARDAR SAID MUHAMMAD KHAN, CJ---This appeal has been directed against the judgment of the High Court dated 24-9-1990, whereby the writ petition filed by the appellant, herein, was dismissed. Brief facts giving rise to the present appeal are that Plot No.203-B, situate in Sector F-2, Mirpur Town, was allotted to respondent No.4, Muhammad Anwer, on 5-7-1989. The said allotment purports to have been made on the ground that the disputed land was allegedly encroached upon by the respondent. The appellant challenged this allotment through a writ petition, filed by him in the High Court, which was dismissed in limine on 25-11-1989 on the ground that no document had been filed with the writ petition to substantiate the averments made in the writ petition, except that an unattested photostat copy of the notice which was not admissible in evidence. Alam Din, appellant herein, after the dismissal of his previous writ petition, filed another writ petition on 29-11-1989 which was also dismissed on 24-9­1990 by the High Court on merits. Consequently, an appeal was preferred to this Court which was dismissed on the ground that as the previous writ petition filed by the appellant, herein, was dismissed, the second writ petition was not competent. A review petition was preferred by the appellant, herein, challenging the judgment of this Court on the ground that the previous dismissal being on technical ground, would not constitute res judicata. The review petition was admitted for regular hearing and disposed of on merits whereby the same was accepted and the original appeal file was restored on its original number. We have given our due consideration to the arguments of the learned counsel for the parties in the light of the…

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