Case Details

Citation(s)
2013 SLG 2460 2013 SLD 2460 2013 YLR 770
Lahore High Court
Civil Revision No. 588 of 2001/BWP, heard on 9th January, 2012
AMIN-UD-DIN KHAN, J
Sheikh Najam Ali for Petitioners. Sardar Muhammad Hussain Khan and Mrs. Samina Qureshi for
Respondents

MUHAMMAD SHAFIUR-REHMAN and others

VS

RUSTAM KHAN and others

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XLI, R.20---Appeal---Suit for declaration was decreed---Application for impleading co-defendants in the suit as respondents in the appeal was allowed by the Appellate Court---Contention of the plaintiff was that order of Appellate Court allowing the applicants/defendants to implead the omitted parties as respondents was without jurisdiction---Validity---Appeal against decree of Trial Court was filed by some of the defendants to the suit and the omitted persons were co-defendants in the said suit---No legal bar existed in allowing the application to implead such persons in the appeal as respondents---No jurisdictional defect in the order of the Appellate Court---Revision was dismissed. Province of Punjab through Collector Bahawalpur, District, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692 rel. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the order dated 13-6-2001 passed by the Additional District Judge Rahimyarkhan whereby during pendency of appeal an application of the appellants for adding the names of the parties, which were not impleaded as respondents in the original appeal, was accepted. 2. The brief facts of the case are that the petitioners filed a suit for declaration which was decreed on 11-12-2000. Respondents/some of the defendants preferred an appeal wherein some of the co-defendants were not made party as respondents. During pendency of the appeal on 30-5-2001, the appellants moved two applications; for permission to implead omitted defendants as respondents in the appeal, other application for condonation of delay. The respondents/decree-holders in the appeal filed reply to both the applications. The learned first appellate Court through the order impugned dated 13-6-2001 accepted both the applications and allowed the appellants to implead the omitted defendants as respondents in the appeal. 3. Learned counsel for the petitioners states that the order passed by the learned first appellate Court allowing the applicants to…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492