1. ' MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court, is directed against the judgment dated 7th of June, 1974 of the Peshawar High Court, whereby a Constitutional Petition of the appellants regarding the transfer of an urban evacuee property to respondent No,5, was dismissed.
2. ' The property was first ordered to be transferred to appellant No,1 through the draw of lots. He attempted to transfer it to his wife-appellant No,2 but on challenge by the respondent No,4, his other estranged wife, the transfer to him itself was set aside as illegal. It was then transferred to respondent No,5. The appellants' Writ Petition failed in the High Court on grounds of: (1) lathes; and
(2) appellants' failure to implead the purchaser from respondent No,5, a necessary party.
3. ' We have heard the learned counsel for the appellants. His explanation regarding point No,2 is that the absent party being a son of respondent No,5 she could have protected his interests.
4. Notwithstanding this, he has admitted that in cases like the present one, the High Court could refuse relief in its writ jurisdiction if all the necessary parties were not impleaded.
5. The respondents' written statement was enough notice to the appellants that the second transferee was a necessary party. In the circumstances of the case, appellants' writ petition having rightly been dismissed, this appeal is also dismissed with no order as to costs.