Case Details

Citation(s)
2002 SLG 1845 2002 SLD 1845 2002 CLC 673
Sindh High Court
Constitutional Petition No.D-179 and Miscellaneous Nos.541, 974 and 9 of 2001, decision dated: 6-09-2001
MUHAMMAD ROSHAN ESSANI AND S.A. RABBANI, JJ
Naimur Rehman for Petitioners. Ali Bin Adam for
Respondent No. 1. Farrogh Naseem for
Respondent No. 10. Abdul Hafeez Pirzada and Arif Khilji for the Proposed Intervenors. Abbas Ali, A.A.G. for the State

ARDESHIR COWSJEE and 7 others

VS

K.B.C.A: and others

Law:

Section:

Constitution of Pakistan (1973)------Art. 199(1)---Constitutional petition---Necessary parties---Only an aggrieved party and the official person, whose orders or actions are challenged, are parties to a Constitutional petition. (b) Constitution of Pakistan (1973)--- ----Art. 199(1)---"Aggrieved person"---Scope---Public interest litigation---Scope of .definition of "aggrieved person" has been enlarged to accommodate public interest litigation, the private parties, whose rights and interest are involved in the dispute, cannot be deprived of an opportunity to defend their interest and rights under the provisions of Art.199 of the Constitution. (c) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code, (V of 1908), 0.1, R.10--­Constitutional petition ---Impleading of necessary parties---Provisions of 0.1, R.10, C.P.C.---Applicability---Intervenors filed application under 0.1, R.10, C.P.C. for impleading them in the petition---Plea raised by the intervenors was that they had already been heard by the-High Court at the time of deciding the question of maintainability of the petition--­Validity---Provisions of O.I, R.10, C.P.C. had no applicability to the Constitutional petition and the intervenors were entitled to join the proceedings to defend their interest as their alleged rights and interest were more relevant for the purpose than the rights and interest claimed by the petitioners---Where the proposed intervenors were heard in the case on the question of maintainability of the petition, High Court declined to debar them from contesting the matter further----Intervenors were allowed to be impleaded in the petition---Application was, allowed in circumstances. (d) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), O.XXXI, Rr. 1 & 2--­Constitutional' petition---Interim order, grant of---Provisions of O.XXXIX, Rr. 1 & 2, -C.P.C.---Applicability---Interim order in Constitutional petition is to be passed in exercise of jurisdiction given by Art.199 of the Constitution itself and not under O.XXXIX, Rr. 1 & 2, C.P.C. (e) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Persons to whom…
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