| Case ID |
3970d1b5-7966-4ccc-a724-3ccd876916bb |
| Body |
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| Case Number |
Suit No.679 of 1995 |
| Decision Date |
Dec 23, 1997 |
| Hearing Date |
|
| Decision |
The court allowed the application of the plaintiff to implead the City Metropolitan Corporation and the City Building Control Authority as defendants. The court found that without these entities, no effective relief could be granted regarding the mandatory injunction to remove unauthorized construction. The intervenors who sought to be added as defendants were not deemed necessary or proper parties, as they aimed to introduce a fresh cause of action unrelated to the core dispute. The court emphasized the importance of having relevant parties involved to ensure effective adjudication of the case. |
| Summary |
This case revolves around a suit filed by ABDUL RAZZAK TABBA and others against JETPUR MEMON RELIEF SOCIETY regarding unauthorized construction on a disputed plot. The plaintiffs sought a mandatory injunction for the removal of the construction, which they claimed was illegal. The Sindh High Court, presided over by Justice Rasheed A. Razvi, ruled on the necessity of including the City Metropolitan Corporation and the City Building Control Authority as defendants to provide effective relief. The court's decision underscores the significance of proper parties in civil litigation, particularly in cases involving construction disputes and municipal regulations. The court also addressed applications from intervenors who were denied the status of necessary parties, reinforcing the judicial principle that only relevant parties should be involved in the litigation to avoid complicating the trial with unrelated issues. This case serves as a significant reference point in civil procedure regarding the impleading of parties and the scope of relief in construction disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
City Metropolitan Corporation,
City Building Control Authority
|
| Judges |
RASHEED A. RAZVI, J
|
| Lawyers |
Munib Akhtar,
Baqar Hussain,
Mansoorul Arfin,
Farooq Hashim
|
| Petitioners |
ABDUL RAZZAK TABBA and 2 others
|
| Respondents |
JETPUR MEMON RELIEF SOCIETY through Honorary General Secretary and 3 others
|
| Citations |
1999 SLD 1115,
1999 CLC 2077
|
| Other Citations |
Allah Rakhio v. Khushntir Khan and 4 others 1986 CLC 1828,
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463,
Altaf Parekh v. Deiments Construction Company 1992 CLC 700,
Pakistan Banking Council and another v. Ali Mohtaram Naqvi and others 1985 SCMR 714,
Sh. Muhammad Matin v. Mrs. Kharshed Dosu Marker 1983 CLC 1630,
Sh. Manzoor Ahmad and others v. Iqbal Begum and others 1989 SCMR 949,
Khayaban-e-Iqbal (Pvt.) Ltd. and others v. Mustafa Haji Muhammad 1996 CLC 1758,
Multiline Associates v. Ardeshir Cowasjee and 2 others PLD 1995 SC 423
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. I, R. 10,
O. VI, R. 17,
Ss. 42,
Ss. 55
|