Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R. 10(2)---Misjoinder of parties---Application for striking out the name of improper party---Scope---Application for striking/deleting the name of party could be filed at any stage of the proceedings, but such leniency provided under the law was only exercisable, when it transpired that something new had been developed in the proceedings and for a proper appraisal and adjudication of the case, the addition and/or deletion of the parties was unavoidable---Court had to minutely examine the pecuniary facts of each case and after satisfying itself, as to whether the case for deleting/striking out of the name had been made out in the matter, pass necessary orders by allowing such request---Court had to see and examine the averments made in the plaint primarily to decide this aspect of the case, as there was no standard rule or procedure laid down, except to examine the contents of the plaint and the facts and circumstances of the case. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 10(2)---Misjoinder of parties---Striking out the name of party---Scope---Plaintiff/ employee of private Bank was dismissed from service on the basis of audit report issued by State Bank/defendant/ applicant---Plaintiff filed suit for damages and arrayed the State Bank of Pakistan as defendant along with employer Bank---Applicant/State Bank of Pakistan filed application for deleting its name from array of defendants---Contention of the applicant/State Bank was that the plaintiff was employee of private Bank, therefore the applicant could not be subjected to any claim of damages---Validity---Plaintiff was dismissed from service on the basis of report issued by defendant/applicant (State Bank of Pakistan)---Defendant/employer had categorically stated that they had relied upon the report of State Bank---Claim of the plaintiff was based upon the inspection report of State Bank and as such his presence was necessary and things would only be crystallized after completion of the evidence of State Bank---Application for striking/deleting the name of defendant/applicant (State Bank) was dismissed. 2010 YLR 256 distinguished. Messrs Frontier…

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