Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.XLIII,R.1,S.96,100,104

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.XLIII,R.1,S.96,100,104

(a) Civil Procedure Code (V of 1908)-------O. I, R. 10 & O. IX, R. 13---Specific Relief Act (I of 1877), S.12---Suit for specific performance of sale agreement---Passing of order of ex parte proceedings on 8-2-2005 and ex parte decree on 16-3-2010 due to non-appearance of defendant---Appeal by legal heirs of defendant against ex parte decree alleging defendant to be missing since September, 2004---Plaintiff's plea that such legal heirs were not party in the suit; and that Trial Court had dismissed application of one legal heir for impleading him as party in suit, which order was upheld in revision by High Court---Validity---Record showed that proper F.I.R. about missing of defendant had been lodged in' Police Station and his case was pending before Apex Court along with other missing persons---Appellants being legal heirs of defendant would be adversely affected by execution of impugned decree---Appellants had no alternate remedy to challenge impugned decree---Leave to appeal ordinarily would be granted to persons, who though not parties to proceedings would be bound by /decree passed therein and who could not attack correctness thereof in other proceedings---Rejection of such application would not debar its applicant from filing appeal, if his rights were being affected--Remaining appellants had not filed such applications and they as legal heirs being affected adversely by ex parte decree could file appeal thereagainst for having no alternate remedy---High Court admitted appeal for regular hearing and suspended operation of impugned decree till its decision. PLD 1965 Kar 603; PLD 1969 SC 65; 1991 MLD (AJ&K) 2178; 1992 CLC 1099; 2001 CLC 781 and 2009 SCMR 385 rel. (b) Civil Procedure Code (V of 1908)--- ---Ss. 96, 100, 104 & XLIII, R. 1---Appeal by a person not party to original proceedings---Scope. As a general principle, none can appeal from a decree unless he is a party, but a person, who is not a party to the trial proceedings in a civil suit can file an appeal, if he/she is adversely affected by the order and the Appellate Court considers it necessary in the interest of justice, because in cases right of appeal is a safety wall against the…

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