| Case ID |
2cb16113-9c10-4c54-8bba-4af767a1785d |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 186 |
| Decision Date |
Oct 21, 1970 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that in the absence of persons adversely affected by the quashing of an order under Article 98 of the Constitution, no effective order for quashment can be made. The court emphasized the necessity of joining all parties who would be adversely affected by the impugned order in writ proceedings. The court found that the Letters Patent Appeal was declared abated due to the failure to timely substitute the legal heirs of a deceased respondent. Consequently, the petitioner's appeal for special leave was dismissed, affirming the High Court's decision regarding necessary parties in such proceedings. |
| Summary |
In the landmark case decided by the Supreme Court of Pakistan, the court examined the implications of Article 98 of the Constitution of 1962 in relation to necessary parties in legal proceedings. This case arose from a Letters Patent Appeal concerning the substitution of legal heirs after the death of one of the respondents in a writ petition. The court emphasized the critical nature of including all parties adversely affected by an order for an effective legal determination. The ruling clarified that without joining these necessary parties, any order made would be ineffective and unenforceable. This case serves as a significant precedent for future cases involving writ proceedings and the necessity of proper party representation. Key terms include 'writ proceedings', 'Letters Patent Appeal', 'necessary parties', and 'legal heirs', which are crucial for understanding the legal context and implications of this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, CHIEF JUSTICE,
SAJJAD AHMAD, JUSTICE
|
| Lawyers |
Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner,
Azim-ud-Din, Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record for Respondents Nos. 2 and 3(i) to 3(vi)
|
| Petitioners |
Saeed Akhtar
|
| Respondents |
Nemo for Respondent No. 1,
Azim-ud-Din,
Masud Akhtar
|
| Citations |
1971 SLD 25,
1971 SCMR 98
|
| Other Citations |
Hussain Bux v. Settlement Commissioner P L D 1970 S C 1,
Muhammad Siddiq v. Chief Settlement and Rehabilitation Commissioner P L D 1965 S C 123
|
| Laws Involved |
Constitution of Pakistan (1962),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 98,
O. XX 11, r. 4
|