MUHAMMAD ANWAR NASEEM vs COMMISSIONER OF INCOME TAX, GUJRANWALA ZONE and another
This matter arises from a petition for leave to appeal directed against the judgment of the Federal Service Tribunal, Islamabad, which dismissed the petitioner's appeal concerning a seniority list on the ground that the petitioner failed to implead eighteen affected persons. The core legal question is whether the Tribunal was justified in non-suiting the petitioner for failing to implead the necessary parties, particularly when an oral request to implead them was made in response to an objection raised by the opposing side. The Supreme Court granted leave to appeal to consider the justification of the Tribunal's dismissal of the appeal on this ground under the circumstances of the case, establishing that the question of proper parties and oral requests for impleading them requires detailed examination upon appeal.
- Whether the Service Tribunal is justified in dismissing an appeal for failure to implead affected persons when an oral request to implead them was made?
' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 21-10-1993 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeal No, 317(L) of 1993 filed by the petitioner against the seniority list, dismissing the same on the ground that the petitioner had not impleaded 18 persons who would be affected by the judgment of the Tribunal. The petitioner has, therefore, filed the present petition for leave to appeal.
2. In support of the above petition, Syed Ali Bin Abdul Kadir, learned A.S.C. Appearing for the petitioner, has contended that the Tribunal was not justified in non-suiting the petitioner on the above ground particularly when an oral request for impleading the aforesaid 18 persons was made in response to the objection raised by the. Other side.
3. We are inclined to grant leave to consider, whether the Tribunal was justified in dismissing the petitioner's above appeal on the aforesaid ground in the circumstances of the case.