EAST PAKISTAN HIGH COURT RULES


EAST PAKISTAN HIGH COURT RULES

 

Rules 7 and 9

Addition of party —
Addition of party in a writ petition — Whether a tenant allotted in possession
of a property should be impleaded as respondent in a writ petition challenging
taking over of the property as abandonment property and praying for restoration
of possession — The Court may while hearing a writ petition or even before such
hearing order a person to be added as a party to the writ petition — The
discretion to add a person as a party is that of the Court — The Court alone is
to decide whether it is necessary to add some person as a party to the
proceeding — When a tenant has seen in occupation of the property since before
the property was included in the use of abandoned properties it is to be
decided whether he would he ordered to be evicted from the premises after the
property is declared to be not abandoned property and as such discretion exercised
by the Court in adding him as a party cannot be disturbed — But an allottee
inducted by the Government cannot continue in the premises as allottee of the
Government after the property is declared not to be an abandoned property and
as such the allottee cannot be made a party in the proc ceding.

Md. Ayub Vs. Bangladesh
and others; 7BLD(AD)243

Ref: A.l.R.l954(Cal)208; A.I.R.1957(SC) 351:A.I.R. I
963(SC)780;34DLR(AD)35:  713LD (Al)) 121:
AIR. I 963(SC)786.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.