ABDUL HAQ and others vs Messrs OLYMPIA TEXTILE MILLS (PVT.) LTD. and others
This matter concerns two civil petitions arising from a common judgment delivered by the Lahore High Court on May 3, 2002, in Writ Petition No. 64/R of 1996. The core legal question addressed was whether a judgment passed in a writ petition is sustainable when potentially affected parties were neither arrayed as respondents nor provided an opportunity of being heard. The Supreme Court observed that the petitioners in the instant case were admittedly affected parties who had been excluded from the original proceedings. Consequently, the Court held that the impugned judgment could not be sustained due to the violation of the principles of natural justice. Exercising its jurisdiction, the Court converted the petitions into appeals, set aside the impugned judgment, and remanded the cases to the Lahore High Court. The High Court was directed to treat the original writ petition as pending and to adjudicate the matter afresh after ensuring that all concerned parties are impleaded and heard. The key principle laid down is that a judicial order affecting the rights of parties who were not impleaded or heard is unsustainable and must be set aside for fresh adjudication.
- Can a judgment passed in a writ petition be sustained if potentially affected parties were not arrayed or heard?
- What is the appropriate course of action when a court determines that necessary parties were excluded from the original proceedings?
ORDER
' FALAK SHER, J.--- This order will dispose of Civil Petition No,395-L of 2003 and 2122-L of 2002 having, commonality of facts and law, stemming out of the same judgment delivered by a learned Judge of the Lahore High Court, dated 3rd of May, 2002 granting the captioned Writ petition No,64/R of 1996.
2. Since admittedly the petitioners in the former petition despite being potentially affected party were neither arrayed nor heard by the Lahore High Court in the writ petition referred to (supra) out of which the impugned judgment, dated 3-5-2002 has precipitated, therefore, with the consent of the parties converting the petitions into appeals are allowed, setting aside the impugned judgment both the cases are remitted to the learned High Court where the writ petition mentioned above would be deemed to be pending for adjudication thereof afresh after hearing all the concerned parties. On the circumstances there shall be no order as to costs.