JUDGMENT SAYED ZAHID HUSSAIN, J.- In the revision petition filed by respondents Nos. 1 and 2 against respondent No. 4 which is pending before the Board of Revenue, an application for being impleaded as party had been filed by the petitioner which stands rejected vide order dated 7.7.2005. The same has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. It is contended by the learned counsel that not only that the order is shorn of reasoning and is a nonspeaking order, the petitioner had vital interest in the subject-matter of revision petition and was entitled to be impleaded as such.
Report and parawise comments have been received from the Board of Revenue whereas none of the other respondents have appeared.
3. By stating the background a foundation was sought to be laid for being impleaded as party and heard in the matter. The application as is evident from the impugned order appear to have been dismissed without due application of mind. The order, therefore, is unsustainable in law which is declared as without lawful authority. In such circumstances, the application filed by the petitioners will be deemed pending before respondent No. 5 who will reconsider the same with the view that in case the petitioners are heard in the revision petaion lot many complications could be avoided, rather keeping them out of the contest.