Through this petition, the petitioner has called in question order dated 24-7-1996 passed by the Secretary to Government of Pakistan, Minorities Affairs Division, Islamabad, whereby he directed that Muhammad Bukhsh i.e. Respondent No.2 may be heard by the Chairman, Evacuee Trust Property Board, Lahore before deciding the case between the parties.
2. The brief facts are that a case Noor Muhammad etc. v. Karam Bibi etc. Is pending before the Chairman, Evacuee Trust Property Board regarding property measuring 107 Kanals and 2 Marlas situated in Mauza Sagwan, Tehsil and District Lodhran. One of the respondents in the aforesaid case was Mst. Karam Bibi who was informant (Mukhbar). After her death respondent No.2 namely Muhammad Bukhsh applied to be impleaded as a party as her heir but his request was not accepted whereupon the present revision was filed before the Secretary to Government of Pakistan, Minorities Affairs Division, Islamabad.
3. The learned counsel for the petitioners has submitted that respondent No.2 Muhammad Bukhsh had filed an appeal, which was not competent under the law as a revision could only be maintainable.
4. Secondly it was contended that the appeal was time-barred and that the respondent aforesaid claimed to be an heir of Mst. Karam Bibi and as such requested to become a party. His prayer was rejected vide order of the Chairman, Evacuee Trust Property Board, Lahore dated 5-8-1993. It was, therefore, contended that Muhammad Bukhsh respondent had no right to reopen the matter nor he was the heir of informant Karam Bibi.
5. I have considered the abovementioned points and find that Mst. Karam Bibi respondent in the proceedings below was admittedly an informant. She died during the pendency of the proceedings and as such her legal heirs had to be brought on record. Respondent No.2 Muhammad Bukhsh applied before the Chairman to be impleaded as a party, but he was not allowed to join the proceedings although the learned counsel for the Evacuee Trust Property Board had no objection of his impleadment. The learned Chairman, Evacuee Trust Property Board observed in his order, dated 5-8-1993 that since informant Karam Bibi had died therefore, there was no need to implead any of her heirs in the proceedings. This view is apparently erroneous and not sustainable in the eye of law, as the right of Mst. Karam Bibi if any in the property in dispute would pass on to her heirs in case of her death. The mere fact that memo. Of appeal was presented instead of revision petition would not defeat the object of justice particularly when the matter was decided by the competent authority as a revision petition, as would be evident from the impugned order. It has not been shown as to how a revision petition is barred by time nor any such objection seems to have been taken before the revisional authority. The mere fact that an heir of Mst. Karam Bibi respondent has been allowed to be heard before deciding the case cannot be said to have defeated any legal right of the petitioners so as to call for interference by this Court in its writ jurisdiction.
6. This petition being meritless is dismissed in limine.