Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10(2),O.XLI,r.20,S.107(2),151

Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10(2),O.XLI,r.20,S.107(2),151

Civil Procedure Code (V of 1908)-------Ss. 107, 151, O.I, R.10 & O.XLI, R.20---Powers of Appellate Court to add or implead party---Appellate Court while exercising powers postulated in S. 107, C.P.C., read with O.I, R.10/C.P.C., could implead any party---Appellate Court could add party while exercising powers under O.XLI, R.20, C.P.C. Syed Bashir Hussain Shah and another v. Administrator Thal Bhakkar 1993 CLC 1013; Muhammad Nisab Khan v. Azad Government of the State of Jammu and Kashmir and 4 others 1987 CLC 1329 and Chan Zeb and 9 others v. Gul Zaman and 5 others 1998 CLC 1857 rel. Muhammad Yaqoob Khan Mughal for Petitioner. Respondent No.1 in Person. Nemo for pro forma Respondents Nos.2 to 13. ORDER M. TABASSUM AFTAB ALVI, J.--- The supra titled revision petition has been filed against the impugned order dated 6-9-2008 passed by Additional District Judge, Hattian Bala, whereby an application moved by the respondent No.1 herein for impleading Azad Government and UNDP as party in the line of respondents in the first appeal was allowed. Precise facts giving rise to the instant revision petition are that predecessor of petitioner/respondent in first appellate Court, filed a suit for adverse possession before the trial Court pertaining to a piece of land bearing Survey Number 42 present 288, 290 measuring 3 Kanals situated in Narul Muzaffarabad, on 30-9-1993. The respondent/appellant Muhammad Yousaf Khan, also filed a suit for possession regarding the abovementioned land before Civil Judge, Muzaffarabad on 15-1-2005. Both the abovementioned suits after hearing, were dismissed by the trial Court vide judgment and decree dated 29-1-2005. Against the abovementioned judgment and decree, respondent Muhammad Yousaf Khan, filed an appeal before District Judge, Muzaffar bad on 27-4-2005, which was made over to Additional District Judge, Muzaffarabad, for disposal on the same date i.e. 27-4-2005. However, after establishment of the Court of Additional District Judge, Hattian Balla the same was transmitted to the latter Court on 22-2-2007. During pendency of the above appeal respondent/appellant filed an application on 23-2-2008 for impleading UNDP and Revenue…

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