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Petitioner: AMJAD HUSSAIN BUTT VS Respondent: KHALID MIAN
1995 C L C 1549
1995 C L C 1549
[Lahore]
Before Mrs. Fakhanin Nisa Khokhar, J
AMJAD HUSSAIN BUTT‑‑‑Petitioner
versus
KHALID MIAN‑‑‑Respondent
Writ Petition No. 9628 of 1994, decided on 12th September, 1994.
Civil Procedure Code (V of 1908)‑‑‑
‑‑‑‑O.I, R.10‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Impleading of party‑‑‑Constitutional petition‑‑‑Petitioner alleged that he filed application to be impleaded as a necessary party in proceedings before Court below, but he was not given opportunity of hearing of that application by that Court‑‑ Respondent had stated that be had no objection if case be remanded to Court below to expedite hearing of application up to specified date and petitioner also agreed to that proposition‑‑‑Order of Court below was set aside by High Court in exercise of Constitutional jurisdiction and case was remanded to decide application of petitioner after giving him opportunity of hearing.
Asmat Kamal Khan for Appellant.
Abdul Rashid for Respondent.
Date of hearing: 12th September, 1994.
JUDGMENT
Learned counsel for the petitioner states that he riled an application under Order 1, rule 10, C.P.C. for permission to be impleaded as a necessary party in the proceedings before the respondent No.1 Punjab Labour Court No.3 at Ferozewala, Lahore. He further argues that he was not given an opportunity of hearing of this application by the learned lower Court. The counsel for respondent No.2 although objects the maintainability of the present writ petition. However, the counsel for respondents Nos.2 and 3 and respondent No.4 (present in person) have no objection if this case is remanded back to the learned Punjab Labour Court No. 3 at Ferozewala Lahore to expedite the hearing of the application not later than 15‑9‑1994. The counsel for the petitioner also agrees to the present, proposition.
2. In view of the statement of the parties, I set aside the order dated 18‑8‑1994 passed by the respondent No.1 and remand .this case back to the Court of respondent No.1 to give an opportunity of hearing on the instant A application to both the parties and decide it afresh on 15‑9‑1994 positively.
3. The parties are directed to appear before the said Court on the aforesaid date, and get the matter finally adjudicated on this application not later than 15‑9‑1994.
4. The instant writ petition is disposed of with these observations.
H.B.T./797/L Order accordingly.