| Case ID |
0ba65eb9-3715-4b2d-9a79-13165cae2838 |
| Body |
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| Case Number |
Civil Appeal No.49 of 2013 |
| Decision Date |
Apr 07, 2014 |
| Hearing Date |
Jan 23, 2014 |
| Decision |
The Supreme Court dismissed the appeal due to a lack of proper authority in filing the petition. The court found that the Chief Engineer and Project Director lacked the authority to file the revision petition and that necessary parties were not properly arrayed in the appeal. The court emphasized that all parties must be included in such cases, and without the necessary parties, no effective decree could be passed. The court ruled that the appeal was not competent and therefore dismissed it with costs. |
| Summary |
In the case of WAPDA through Chief Engineer/Project Director vs Raja MAROOF and others, the Supreme Court of Azad Jammu and Kashmir addressed the procedural requirements for filing appeals and the necessity of including all parties in litigation. The case revolved around a land dispute where WAPDA claimed ownership over land acquired for the construction of the Mangla Dam. The court highlighted the importance of proper authority in filing legal documents and the consequences of failing to include necessary parties in litigation. The ruling underscored the principle that without the presence of all necessary parties, the court cannot render an effective decision. This case serves as a critical reference for legal practitioners regarding the implications of authority and party inclusion in appeals, aligning with established legal precedents in Pakistan. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
WAPDA,
Mirpur Development Authority
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
RAJA SAEED AKRAM KHAN, J
|
| Lawyers |
Sardar Muhammad Raziq Khan, Advocate,
Muhammad Younas Tahir,
Masood A. Sheikh
|
| Petitioners |
WAPDA through Chief Engineer/Project Director, Mangla Raising Project, Mangla
|
| Respondents |
Dr. Muhammad Akram,
Raja MAROOF,
Mirpur Development Authority through Chairman,
Chairman Mirpur Development Authority,
Director Estate Management, MDA,
Town Planner, Mirpur Development Authority
|
| Citations |
2014 SLD 1836 = 2014 CLC 1624
|
| Other Citations |
1995 CLC 1541,
AIR 1947 Nag. 17,
PLD 2001 SC (AJ&K) 21
|
| Laws Involved |
Pakistan Water and Power Development Authority Act,
Civil Procedure Code,
Specific Relief Act,
Azad Jammu and Kashmir Interim Constitution Act
|
| Sections |
3,
III, R.2,
115,
8,
42(12)
|