' 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.