Law:

Section:

(a) Civil Procedure Code (V of 1908)--O.I, R.10--Constitution of Pakistan (1973), Arts.185(3) & 199--Leave to appeal was granted to consider whether High Court was competent in its limited Constitutional jurisdiction to interfere with the order of Settlement Department deciding the question of impleading of necessary or proper parties in a dispute about transfer of property. (b) Civil Procedure Code (V of 1908)- ----O.I, R.10--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Constitution of Pakistan (1973), Arts.185 & 199-­Settlement Authority's competence to add parties in pending proceedings-­Settlement Authority on application of interested parties to be impleaded in pending proceedings had ordered that they be impleaded in those proceedings-­High Court, in Constitutional jurisdiction setting aside order of impleading parties--Legality--Question involved in the appeal was whether Settlement Authority had jurisdiction to implead parties in the matter before it--High Court, while remanding case nowhere stated that a new interested party should not be added to the proceedings--High Court had not disputed that Settlement Authority had jurisdiction to implead a necessary party to proceedings--High Court in Constitutional' jurisdiction would examine if an order challenged before it was passed with or without lawful authority--Entitlement for transfer of disputed property would be determined after proper investigation and inquiry--Provisions of O.I, R.10, C.P.C. being applicable to proceedings before Settlement Authority, Settlement Authority while impleading interested parties had exercised jurisdiction vested in it by law--High Court had no valid reason to annul the order of Settlement Authority--High Court's was set aside and order of Settlement Authority was restored--Appeal was allowed in circumstances: Altaf Hussain v. Shabbir Hussain PLD 1961 (W.P.) Lah. 449; Gul Muhammad v. Settlement Commissioner PLD 1968 Kar. 669; Apparao Baburao v. Vithal Govind AIR 1931 Bom. 408; Kalenthar Ammal v. Ma Mi AIR 1926 Rang. 9 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal by leave of the Court has arisen out of the following…

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