MESSRS JANS CATERERS vs THE ISLAMIC REPUBLIC OF PAKISTAN THROUGH THE — 1951 PLD 32

Citation: 1951 PLD 32

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MESSRS JANS CATERERS vs THE ISLAMIC REPUBLIC OF PAKISTAN THROUGH THE JUDGMENT

Headnotes

Case cited as PLD 1951 Sind 32

Judgment Text

Court Name: Lahore High Court Judge(s): M. S. H. Qureshi Title:MESSRS JANS CATERERS vs THE ISLAMIC REPUBLIC OF PAKISTAN THROUGH THE JUDGMENT Reported As: PLD 1972 Lahore 169 Result: petition allowed Judgment JUDGMENT This order will dispose of two revision petitions i. e. No. 181 of 1971 and No. 182 of 1971 as the point involved in both is the same. Messrs Jans Caterers had obtained on 29-4-1969 a contract for catering in the dining car of certain trains run by the Pakistan Western Railway. The contract was for three years. But on 25-1-1971 they received a notice ter--minating their contract on the expiry of ten days of the notice, and directing them to hand over charge to the new contractors after the notice period. The petitioners thereupon brought two suits both against the Islamic Republic of Pakistan through the Pakistan Western Railway. The new contractors applied under Order 1, rule 10, C. P. C. For being impleaded as defendants is the respective suits. The learned trial Judge held that as a decree would be passed effectually in the suits, the new contractors would not be a necessary party but that they nevertheless were proper party, inasmuch as they were interested in the result of the suits and as they would be effected adversely if the suits were decreed. He, therefore, allowed the application by his order dated 25-2-1971 which is impugned in the present revision petitions. The matter was hotly contested by the counsel of both the sides. Kh. A. Waheed, Advocate,…

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