Mst. JANNA T BIBI vs SARAS KHAN
This civil appeal challenges an order of the Lahore High Court, which non-suited the appellant in a suit for declaration of title solely due to the failure to implead the Lahore Development Authority (LDA) as a defendant. The core legal question before the Supreme Court was whether the non-joinder of a party, specifically the LDA in a private title dispute, warrants the dismissal of a suit. The Supreme Court held that the impugned order was erroneous, emphasizing that a plaintiff cannot be denied relief on the technical grounds of mis-joinder or non-joinder of parties. The Court clarified that the dispute was essentially between two private individuals, rendering the LDA, at most, a proper party rather than a necessary party. Consequently, the Court set aside the High Court's order and remanded the case for a decision on merits. The judgment reaffirms the principle that courts have a duty to administer justice rather than dismissing cases on technicalities, particularly when the absent party is not strictly necessary for the adjudication of the dispute.
- Can a suit be dismissed solely on the ground of non-joinder of a party?
- Is a development authority a necessary party in a private title dispute between two individuals?
- Does the failure to implead a proper party justify non-suiting a plaintiff?
ORDER
' KHILJI ARIF HUSSAIN, J.---This appeal, with leave of the Court, is directed against the order dated 12-1-2005, passed by a learned Single Judge in Chambers of the Lahore High Court, Lahore, whereby the appellant was non-suited on the ground that the Lahore Development Authority (LDA) as a necessary party, has not been arrayed as one of the defendants/respondents.
2. We have heard the appellant and perused the record. It appears that only on the ground that the appellant has not impleaded the LDA as _one of the defendants in a suit for declaration in respect of his title, the appellant has been non suited. It is by now settled principle of law that a plaintiff cannot be denied relief on the ground of mis-joinder or non-joinder of a party. Even otherwise, it is the duty of the Court to do justice and not to knock out the parties on technical grounds. We have also taken note of the fact that the dispute between the parties is in respect of a private dispute between the two private persons and at best LDA can be proper party and not necessary party, on which ground tool relief cannot be denied to the appellant.
3. In view of the above, instant appeal is allowed, the impugned D order is set aside and the case is remanded to the High Court to decide the same afresh on merits.
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