Law:

Section:

Civil Procedure Code (V of 1908)--O.I, R.10-Constitution of Pakistan (1973), Art. 185(3)---Impleading of party---Petitioners contended that they being in physical possession of shops in dispute at relevant time and having already submitted their Forms for transfer of those shops, were necessary parties, but High Court ignored to consider them as an aggrieved party erroneously and dismissed their application for impleading them as party and ordered the allotment of shops to respondents without considering entitlement of petitioners---Case being arguable, needed consideration of Supreme Court, leave to appeal was granted. ORDER S. USMAN ALI SHAH, J.---This petition for leave to appeal is directed against the order of the Lahore High Court, dated 11-2-1986, whereby the petitioners' writ petition against the order of the Settlement Commissioner dated 16-8-1976, was dismissed. Rao Abdur Rashid predecessor-in-interest of respondents Nos. 1 to 6 was in possession of Chobara of evacuee property No. 80/30, Ward No.2 Khankah Dogran consisting of two shops on the front, Chobara over it and 5 rooms behind the shops. Ghulam Muhammad was in possession of 5 rooms in the rear portion and two shops were originally in possession of Ali Sher and Khushi Muhammad which were taken over by the petitioners in 1965. On the order of the learned Settlement Commissioner dated 16-8-1978 the shops were considered as separate units available for disposal. All the parties filed Form C.H. for the allotment of the respective portions in their occupation. After protracted litigations amongst the parties on remand of the case by the High Court to the Settlement Commissioner, it was held that the property is divisible and vide his order dated 16-8-1978 transferred the Chobara over the shops and Deori to respondents Nos. i to 6, rear portion of the…

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