| Citation(s) |
|---|
| 1971 SLG 243 1971 SLD 243 1971 SCMR 353 |
Supreme Court of Pakistan
Civil Appeal No. 43 of 1969, decision dated: 17th March 1971(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 25th April 1966, in Writ Petition No. 658 of 1959)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, WAHIDUDDIN AHMAD AND SALAHUDDIN AHMAD, JJ
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Civil Appeal No. 43 of 1969, decision dated: 17th March 1971(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 25th April 1966, in Writ Petition No. 658 of 1959)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, WAHIDUDDIN AHMAD AND SALAHUDDIN AHMAD, JJ
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NATIONAL BANK OF Lahore High Court LTD.--Appellant
VS
CUSTODIAN OF EVACUEE PROPERTY AND 5 OTHERS --Respondents
Law:
Section:
Enemy Property (Custody and Registration) Order, 1965, para. 4(iv)-Writ petition by a Bank against order of Custodian, Evacuee Property declaring Bank and its property evacuee-Pending petition Bank becoming enemy alien-Petition dismissed by High Court on ground that Bank no longer had any locus standi to maintain petition and power of attorney filed on behalf of Custodian, Enemy Properly to continue petition also rejected on ground that "he was not party to proceeding" and position could not be different even if it were so-Held, view of High Court was plainly incorrect and writ petition as also "other legal proceeding" which Custodian of Enemy Property could continue under para. 4(iv) of Enemy Property (Custody and Registration) Order, 1965. Reference No. 1 of 1965 P L D 1966 Kar. 160 considered. Raja Muhammad Anwar, Advocate Supreme Court instructed by S. Inayat 1lussain, Attorney for Appellant. Mian Hidayat Ali Taib, Advocate Supreme Court for Respondents Nos. 4 and 5. Respondents Nos. 1-3: Ex parte. Date of hearing: 17th March 1971. JUDGMENT MUHAMMAD YAQUB ALI, J. -The appellant called in question in the High Court by a Writ Petition the order of the Custodian of Evacuee Property that the appellant and its property were evacuee. The matter coming up before a Division Bench, the petition was dismissed on 25th April 1966, on the ground that in the meantime the appellant had become an enemy alien and under para. 4(iv) of the Enemy Property (Custodian and Registration) Order, 1965, framed under the Defence of Pakistan Rules, 1965, it had no locus standi to continue with the petition. Reliance was placed on Reference No. 1 of 1965 (P L D 1966 Kar.160). The power of attorney filed by Mr. Ihsanul Haq, Advocate, on behalf of the Custodian, Enemy Property, to continue with the petition was also rejected on the ground that "he was not a party to the proceedings and even if he was…
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