Law:

Section:

(a) West Pakistan Motor Vehicles Ordinance (XIX of 1965)-------S. 50---Civil Procedure Code (V of 1908), 0.1, R. 10 & O.VII, R. 11--- Constitution of Pakistan (1973), Art. 185---Plaintiff's (transporter's) suit for his entitlement to get specified timing for his buses plying between two cities--­Rejection of plaint by Trial Court---Appellate Court reversed order of rejection of plaint and remanded case to Trial Court for trial---Petitioner's (intervenor's) application to be impleaded in suit filed before Appellate Court was dismissed as being in fructuous---High Court refused to implead petitioner (rival transporter) on the ground that his impleading in suit would create complications--­Validity ---High Court having come to conclusion that petitioner was a necessary party ought to have passed order directing him to be. joined as a party--.-Petition for leave to appeal was converted into appeal and petitioner's application to be joined as a party to suit was granted with direction that petitioner be joined as a defendant in suit. Karamat Hussain v. M_st. _ Fatima and others 1969 SCMR 256 and Zakira Begum and others 1986 CLC 2410 (2) rel. (b) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Constitution of Pakistan (1973), Art. 185---Grant of temporary injunction by Appellate Court while remanding case for trial afresh to Trial Court---High Court did not interfere in the order of grant of temporary injunction---Validity---Appellate Court while disposing of appeal, should have left the matter of temporary injunction to the discretion of Trial Court where such suit stood remanded---High Court ought to have modified order of Appellate Court by setting aside order of temporary injunction---Order of grant of temporary injunction was dismissed and such matter was left to the discretion of Trial Court to pass appropriate order in, accordance with law. ORDER ZAFFAR HUSSAIN MIRZA, J:---We propose to dispose of these two petitions by a common judgment as they arise out of the proceedings of the same suit and are between the same parties. The facts are that respondent Amanullah Khan filed a F.C. Suit No. 164 of 1989, against the Province of Sindh,…

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