Law:

Section:

(a) Administration of justice-------Act of Court---Effect---No party should be made to suffer due to any mistake or act or omission of Court. (b) Civil Procedure Code (V of 1908)--- ----O. I, R.10(2)---Appeal---Proper party, joining of---Public interest litigation---Intervener, in public interest, assailed status of plot of appellants over which they were raising construction---Grievance of intervener was that the appellants had changed the use of disputed plot for which separate proceedings were being carried out by her against them---Plea raised by the appellants was that the intervener was not a necessary party to be joined in appeal---Validity---When intervener was resisting raising of construction over plot in dispute, till the issue of change of use of the plot was resolved by government, intervener was justified in approaching Court to be joined as party to appeal---Intervener might not be a necessary party to the suit but was a proper party whose presence would enable and help the Court to adjudicate relevant questions completely, effectively and in more comprehensive manner---Intervener was arrayed as respondent in appeal---Application was allowed in circumstances. Hussain v. Mansoor Ali and 5 others PLD 1977 Kar. 8; A. Razzak Adamjee and another v. Messrs Datari Construction Company (Pvt.) Limited and another 2005 SCMR 142 and Altaf Parekh v. Delments Construction Company 1992 CLC 700 ref. Uzin Export Import Enterprises for Foreign Trade Karachi v. Union Bank of Middle East Ltd. Karachi and another PLD 1994 SC 95 and Pakistan Banking Council and another v. Ali Mohtaram Naqvi and others 1985 SCMR 714 fol. Mushtaq A. Memon for Appellant. Manzoor Ahmed for the Respondents Nos.1 and 2. Ms. Rizwana Ismail for Applicant/Intervenor. ORDER ANWAR ZAHEER JAMALI, J.---C.M.A. No.350 of 2004, an application under Order I, rule 10(2), C.Y.C., has been moved by intervenor "Shehri: C.B.E." with the prayer that they may be joined as respondent in this appeal. 2. In brief case of the applicant/intervenor is that it is an NGO (non-governmental organization) actively engaged in protecting the natural and built environment, preventing misuse of land and opposing buildings…

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