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HAKIM ALI versus ADDITIONAL SETTLEMENT COMMISSION (LAND)


Section 7 and Constitution of Pakistan (1973), Article \ 99 \ Irritating Person \ and `Affected Party Appeal Only and Right to Appeal and Revision for the Aggrieved Person, and Requesting An Affirmative Claim by Claims Affidavit Issue between persons. Who relinquished some of the immovable property rights in India and the State who want to give them some grant through compensation, the illegality of the strangers / the aggrieved, the property was abandoned [Words and phrases appealed (civil revision) ( Civil)]

1981CLC1539

[Karachi]

Before Zaffar Hussain Mirza, J

HAKIM ALI AND ANOTHER‑Petitioners

ADDITIONAL SETTLEMEN‑1 COMMISSIONER (LAND)

AND ANOTHER‑‑Respondents

Constitutional Petition No. 24 of 1978, decided on 5th April, 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ O. 1, r. 10‑Necessary. party‑ Prefer party‑‑Meaning and distinc tion.‑[Words and phrases].

It is well settled that no party can be allowed to contest a matter pro bono publiceo and a necessary party is one who ought, to have been joined as a party to the proceeding and in whose absence no effective adjudication can be made. On the other hand, a proper party is one whose presence before the Court is necessary to enable it effectually and completely to adjudicate upon and settle all questions involved in the proceedings. The object for impleading proper parties is to prevent needless multiplicity of proceedings. Courts, have, however, warned that the adjudication of a proceeding should not be embarrassed by simultaneous investigation of unconnected controversies, nor should persons who have no interest in the proceeding be added.

(b) Registration of Claims (Displaced Persons) Act (III of 1956)‑---

‑‑‑‑ S. 7 and Constitution of Pakistan (1973), Art. '99‑‑"Aggrieved person" and aggrieved party"‑Right of appeal and revision‑ Available only to aggrieved person', and application competent by an aggrieved party'‑Verification of claims‑A matter between per sons who abandoned some right in immovable property in India and State who wants to give them some grant by way of compensation------Strangers to abandoned property, held, not 'aggrieved persons'.‑‑‑ [Words and phrases‑‑Appeal (civil)‑Revision (civil)].

Amiruddin v. Hasandin P L D 1969 Lab. 661 ref.

Ishaque Muhammad Khan for Petitioners.

Muhammad Aala and K. A. Ghani for the Interveners.

Abhas farooqui for Respondents.

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