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FAROOQ AHMED BUTT vs AZAD GOVERNMENT through Board of Revenue Azad Kashmir, Muzaffarabad art — 2022 MLD 480 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2022 MLD 480 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2022
Reporter
MLD
Parties
FAROOQ AHMED BUTT vs AZAD GOVERNMENT through Board of Revenue Azad Kashmir, Muzaffarabad art
Subject matter
Civil
Provisions referred to
S. 91; Civil Procedure Code (V of 1908); Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAROOQ AHMED BUTT VS AZAD GOVERNMENT through Board of Revenue Azad Kashmir, Muzaffarabad art. 44---Civil Procedure Code (V of 1908), S. 91 & O.I, R.8---Public nuisances---One person may sue or defend on behalf of all in same interest---Filing of petition in representative capacity---Scope---Petitioner assailed notification issued by Government whereby certain land was sanctioned in favour of respondents---High Court dismissed the petition---Validity---Petitioner had filed the petition in representative capacity under art. 44 of azad Jammu and Kashmir Interim Constitution, 1974---Provisions of Civil Procedure Code, 1908, were applicable to the writ proceedings before the High Court, therefore, filing of the writ petition in the representative capacity required the permission of advocate General as visualized by S. 91 of C.P.C., or the permission of Court, provided under O.I, R.VIII of C.P.C.---High Court had rightly dismissed the petition as writ petition was only competent where there was any violation of law or any other statutory provision was violated---Petition for leave to appeal was dismissed. Head NotesCase Description

Other judgments reported in 2022 MLD

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