Custodian of Enemy Property vs Muhammad Yaqub Ali — 1971 SCMR 353

Citation: 1971 SCMR 353

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 353

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1971 SCMR 353 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD YAQUB ALI, J. -The appellant called in question in the High Court by a Writ Petition the order of the Custodian of Evacuee Property that the appellant and its property were evacuee. The matter coming up before a Division Bench, the petition was dismissed on 25th April 1966, on the ground that in the meantime the appellant had become an enemy alien and under para. 4(iv) of the Enemy Property (Custodian and Registration) Order, 1965, framed under the Defence of Pakistan Rules, 1965, it had no locus standi to continue with the petition. Reliance was placed on Reference No. 1 of 1965 (PLD 1966 Kar.160). The power of attorney filed by Mr. Ihsanul Haq, Advocate, on behalf of the Custodian, Enemy Property, to continue with the petition was also rejected on the ground that "he was not a party to the proceedings and even if he was the position could not in any way, be different. Leave to appeal was given to consider whether the High Court had rightly refused to allow the Custodian of Enemy Property to continue with the writ petition. The view expressed by the High Court was plainly incorrect. Clause (iv) of sub-para (2) of Paragraph 4 of the aforementioned Order expressly gives a right to the Custodian of Enemy Property to "institute", defend or continue any suit or other legal…

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