Law:

Section:

(a) West Pakistan Local Councils and Municipal Committees (Service) Rules, 1963--- ----R. 8(c)---Dismissal of employee--Non-impleading of a party which was neither appointing nor dismissing authority---Effect---Overseer of District Council was dismissed from service---Overseer's declaratory suit against his dismissal was decreed and same was upheld en appeal---Petitioner defendant's objection petition against execution of decree was dismissed, so also its appeal---Validity---Petitioner's plea in revision was that Commissioner, during pendency of suit having been vested with powers to appoint and dismiss the overseers, by non-impleading the Commissioner, and decree against petitioner-defendant was of no legal effect and that property of petitioner could not be attached in execution of decree---Plaintiff having not been dismissed by the Commissioner was not obliged to implead him as a party to the suit---Commissioner had become the appointing and dismissing Authority of the Overseers after the suit was filed and before it was decreed against the defendant---Defendant neither made any application before Trial Court for impleading the Commissioner nor he himself had filed appeal or impleaded him as a party in appeal---Defendant, thus, could not be allowed to make capital out of his own omission with a view to avoiding the and decree which had attained finality. National Bank of Pakistan v. Syed Muzammal Hussain PLD 1965 (W.P.) Kar. 633; Mst. Maqbool Begum etc. v. Ghullan and others PLD 1982 SC 46; Banu Mal v. Paras Ram and another AIR 1930 Lah. 110 and Mst. Dhannabai Johri v. Kashrichand Johri and another AIR 1929 Nag. 34 ref. (b) Basic Democracies Order (18 of…

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