Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.185(3)---Leave to appeal, grant of---Land acquisition---Question before the High Court was whether the appeals filed by the Central Government before the High Court were competent---High Court, relying on Pir Khan v Military Estate Officer PLD 1987 SC 485 found that appeals were competent--Applications made by the Collector, who was a respondent in all the appeals before the High Court for transposition as Collector with a view to remove the defect, were also dismissed by the High Court---Leave to appeal was granted by Supreme Court in view of the fact that Supreme Court had by then decided to re-consider the view taken in Pir Khan v. Military Estate Officer PLD 1987 SC 485. WAPDA v. Muhammad Farid and others 1990 SCMR 98 ref. (b) Civil Procedure Code (V of 1908)-- ----0.1, R.10---Land Acquisition---Collector though was. a respondent in appeals as well as the Provincial Government and/or both of them could have filed appeals, the view that appeal filed by Central Government alone was incompetent was unassailable. Pir Khan v. Military Estate Officer PLD 1987 Supreme Curt 485; WAPDA v. Muhammad Farid and others 1990 SCMR 98; Ifikhtar Hussain Shah v. Pakistan through Secretary, Ministry of Defence, Rawalpindi 1991 SCMR 2193 and Civil Appeals Nos. 242 and 538 of 1990 ref. (c) Civil Procedure Code (V of 1908)--- ----0.1, Rr.10 & 9---Interpretation, application, scope and purpose of 0.1, R.10, C.P.C. Order I, Rule 10, C.P.C. is very wide in its scope. The power to transpose is derived amongst others, from the said provision which has always been interpreted liaberally so as to achieve the complete adjudication of all the questions which are involved in the lis, one of the purposes being to avoid multiplicity of the proceedings. In other words the power to transpose is to be exercised liberally and no technical hurdle is considered so strong as to override the considerations of "adjudication" or right to justice. It is in that very context that when a defendant/respondent is transposed as plaintiff/appellant no question of limitation as such is involved. Order I, rule 9, C.P.C. gives also, very strong support for the…

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