MUHAMMAD ANWAR NASEEM vs COMMISSIONER OF INCOME-TAX, GUJRANWALA and anothers
This appeal challenges the judgment of the Federal Service Tribunal, which dismissed the appellant's appeal on the technical ground that necessary parties likely to be affected by the decision were not impleaded. The appellant contended that an oral request had been made to the Tribunal to implead these persons. The Supreme Court addressed the question of whether a Service Tribunal is justified in dismissing an appeal for non-joinder of parties when it possesses the authority to rectify such defects. The Court held that the Service Tribunal, being deemed a Civil Court under the Service Tribunals Act, possesses the powers vested in a Civil Court under the Code of Civil Procedure 1908. Specifically, under Order I, Rules 9 and 10, the Tribunal has the authority to implead necessary parties suo motu. The Court established the principle that a Tribunal should not non-suit a litigant on technical grounds regarding the non-joinder of parties when it has the procedural power to direct their impleadment itself. Consequently, the appeal was allowed, and the matter was remanded for decision on merits.
- Can a Service Tribunal dismiss an appeal solely on the ground of non-joinder of necessary parties?
- Does a Service Tribunal have the power to suo motu implead necessary parties in an appeal?
- Are the provisions of the Code of Civil Procedure 1908 regarding the joinder of parties applicable to proceedings before a Service Tribunal?
- Section 5(2), Service Tribunals Act 1973
- Order I Rule 9, Code of Civil Procedure 1908
- Order I Rule 10, Code of Civil Procedure 1908
1. ' SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is directed against the judgment of Federal Service Tribunal, Islamabad, dated 21-10-1993 whereby the learned Service Tribunal dismissed the appeal of the appellant on the ground that about 18 persons, who were likely to be affected by the judgment of the Service Tribunal, were not impleaded as party to the appeal filed before it. In the grounds of appeal, the appellant took the plea that he had made oral request to the learned Tribunal that the persons who are likely to be affected by the judgment in the case may be impleaded. This assertion is also made in the affidavit sworn in by the appellant before this Court. After hearing the learned counsel for the appellant and learned Deputy Attorney- General, we are of the view that the learned Tribunal was not justified in dismissing the above appeal purely on a technical ground that the persons likely to be affected by the judgment have not been impleaded as party in the appeal especially when a request was orally made to the learned Tribunal to implead those, persons in the case. It may be pointed out that by virtue of section 5(2) of the Service Tribunals Act, the Tribunal for the purposes of deciding an appeal is deemed to be a Civil Court and it enjoys all such powers as are vested in such Court under the provisions of the Code of Civil Procedure. Order I, Rule 9, C.P.C. Clearly provides that no suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the right and interest of the parties actually before it. Order I, Rule 10 confers vide powers on the Court to substitute or add the persons who ought to have been made parties or may strike out names of parties who should not have been joined in the proceedings. We are, therefore, of the view that even if the appellant had not made any request for joining of other persons as party and the learned Tribunal had reached the conclusion that it is necessary to join other persons as party in the case, it could in exercise of its powers under Order I, Rules 9 and 10, C.P.C. Suo motu order impleadment of those persons who were necessary to be impleaded in the appeal as party. The learned Tribunal being exclusive Tribunal to decide the disputes relating to the Government servants, should not have non-suited the appellant on such a technical ground. We, accordingly, allow the appeal and set aside the order of the Service Tribunal.
2. The appellant may apply for impleadment of necessary parties before the Tribunal and after they are joined the appeal may be heard and decided by the Service Tribunal, in accordance with the law. There will, however, be no order as to costs.