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SHAMSUL HASSAN versus KARACHI BUILDING CONTROL AUTHORITY

Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), OVII, R 11 and Section 115 Defendant's dismissal of the plot as a plaintiff's failure to find the plot, allotted to the respondents as welfare plot. The notice was issued to the respondents (altey / lease) in violation of the terms of the welfare plan grant to the applicants (the plaintiff) and allegedly for rent. Respondent (Allot) to explain to the applicant the terms and conditions of the grant, so that the officers' grieving person acts and the applicant (the defendant) ) The applicant was not a party to the alleged lease in favor of the respondents; action has been proposed against the defendant (allotment) in respect of the plot in question, which may have resulted in loss of the applicant (sub lease). The applicant cannot be considered to be any cautious as he / she may initiate proceedings or proceedings against the respondent with whom he allegedly contracted the lease. In connection with the proceedings against the officers, it cannot be assumed that they cannot be considered to have a luxurious stand to prosecute the officials under section 42, Special Relief Act, 1877, the case being properly adjudicated by two courts. Was rejected by the following unlawful material judgments in the following court decisions, therefore, no interference was sought in the amending jurisdiction of the High Court but the order dismissing the prosecution in the cases was rightly so. Was approved on. advocate from Peshawar lawyer