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Writ Petition No. 38/R of 1973 decided on 22nd April, 1980.
‑‑ Art. 199‑Writ, maintainability of‑Petitioner deliberately sup pressing his earlier application on subject in hand and its dismissal not only by trial Tribunal but also its dismissal in appeal and revision by higher Tribunals‑Petitioner, held, did not come with clean hands hence his petition liable to dismissal.
‑‑ Ss. 10 & 11‑Petitionor in a position to assail order of allot ment made in favour of contesting respondents by way of appeal or revision instead of filing another mukhbari application before Settle ment authorities‑Mukhbari application ‑‑ Misconceived Held Recourse to provisions of Ss. 10 & 11 of Act XLVII of 1958 Not only uncalled for out misconceived.
‑‑ O. I, rr. 3 & 13‑Non‑joinder of necessary parties‑‑Vendees very much necessary parties but deliberately not impleaded as respondents‑Such vendees, held, cannot be impleaded at writ stage‑One of respondents having died prior to filing of writ petition, petition as against such respondent, held further, incompetent.
A. R. Naizi for Petitioner.
Ch. Riasat Ali Khan for Respondent No. 2.,
Nemo for Respondents Nos. 1 and 3;to 7.
Date of hearing : 23rd February, 1980.
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