Rule 9 of Chapter A in Appendix IV to the
Rules of High Court of Judicature. Vol. I

Quashment of adverse findings—Findings
made in the absence of persons against whom malafide was alleged — Rules of the
Court provide that in such a case the Court should adjourn hearing of the writ
petition and direct service of notice on such persons — The learned Judges
completed the hearing and delivered judgment without following the Rule —
Findings imputing malafide cannot therefore be sustained.

Khan Vs. Shah Azharuddin Ahmed and others, 3BLD(AD)143


Rules—9, 14 and 15 of the Chapter A in  Appendix IV to the Rules of the High Court of
Judicature, Vol. 1

Suomotu proceeding—Costs by initiating
suo motu a separate proceeding after disposal of the writ petition is wrong and
lacks sanction of any authority — If the learned Judges found themselves
impelled by sense of doing justice to the person who suffered on account of
passing of the illegal order at the behest of the appellant, the proper course
would have been to adjourn the hearing of the writ petition with direction to
serve its copy upon the appellant who was considered responsible for passing
the impugned order— After delivering the judgment on the writ petition the
Court became functus officio — Although the question of payment of cost was
kept open as the judgment dated 26.11 .80 shows, this, in the absence of any legal
sanction, would not justify the suo motu Rulefor determining the appellant’s
liability to pay compensatory costs to the respondent.

Khan Vs. Shah Azaharuddin Ahmed and others, 3BLD(AD)143


Rules—14 and 15 of Chapter A in Appendix IV
to the Rules of High Court of Judicature

Cost against a stranger to the proceeding—Provisions
of section 35 and 35A of the Code of Civil Procedure cannot b referred to for
Court’s power to award costs in writ petitions — These provisions do not
authorise normally awarding of costs against a person who is not a party to the
suit — In exceptional cases the Court may award costs even against a stranger
provided he is given dn opportunity of being heard — Such hearing must be in
the suit itself and not after its disposal — Awarding of costs is no doubt a
matter of discretion of the Court, but the discretion must be exercised
judicially and in accordance with law or at least the practice followed by the
Court — Code of Civil Procedure. 1908 (V of 1908), Ss. 35 and 35A.

Kha,z Vs. Shah Azharuddin Ahmed and others, 3BLD(AD)143


High Court Rules and Orders


Rule — 466(2)

Advocate Commissioner’s report
Question of notice to the party to take step against it — It is true that in
the absence of a formal notice some objection in this regard cannot be raised.
but the purpose which lay behind in the giving of such notice was fully served
when the party to be affected by the absence of such notice was herself present
on the spot.

Ali Bepari Vs. Jaherunnessa and others, 5BLD (AD) 329

35 DLR (AD)51 —Cited.


Rules—7 and 9 of the Rule of the High Court
of Judicature for East Pakistan

7 provides that subject to the directions of the Court. Notice of every writ
petition shall be served on all parties directly affected. Proviso to this Rule
is that if at the hearing of the writ petition it appears to the Court that any
person who desires to be heard is a proper person he may be heard irrespective
of whether he has been served with a notice or not. Rule 9 provides that the
Court may order service of notice of the writ petition upon a person who, in
its opinion, ought to have been served with a-notice of such petition but who
has not been so served, These two Rules show that the Court may while hearing a
writ petition or even before such hearing order a person to be added as party
to the writ petition.

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