| Citation(s) |
|---|
| 2014 SLG 1664 2014 SLD 1664 2014 CLC 442 |
Sindh High Court
Constitutional Petition No.D-1155 and MA. No.5628 of 2013, decision dated: 9-10-2013.
ABDUL RASOOL MEMON AND ABDUL MAALIK GADDI, JJ
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Constitutional Petition No.D-1155 and MA. No.5628 of 2013, decision dated: 9-10-2013.
ABDUL RASOOL MEMON AND ABDUL MAALIK GADDI, JJ
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MUHAMMAD SIDDIQUE
VS
DISTRICT JUDGE, JACOBABAD and 3 others
Law:
Section:
Civil Procedure Code (V of 1908)-------O. I, R. 10---Constitution of Pakistan, Art.199---Constitutional petition---Necessary party, impleading of---Limitation---Scope and application of O.I, R.10, C.P.C.---Defendant was aggrieved of order passed by Lower Appellate Court, allowing plaintiff to array revenue officials as defendants---Plea raised by defendant was that the application was moved by plaintiff at a belated stage when his evidence was closed---Validity---Allowing any party to be joined or substituted as party was discretionary with Court and such discretion was to be exercised depending upon facts and circumstances of the case guided by rules of propriety and justice---Impleading of a party, under O.I, R.10, C.P.C. at any stage meant and sufficed for its impleading for all subsequent stages of suit---Scope of O.I, R.10, C.P.C. was very wide and it was to be exercised liberally and no technical hurdle was to be considered so strong as to override the considerations of "adjudication" or right to justice and no question of limitation was involved in impleading or transposing any person as party---Evidence of plaintiff was recorded and matter had not been finally decided before Trial Court, therefore, contention of defendant could not be made basis against the order of Lower Appellate Court who failed to raise any question of law---High Court declined to interfere in the order passed by Lower Appellate Court---Petition was dismissed in circumstances. Central Government of Pakistan v. Suleman Khan PLD 1992 SC 590 rel. Muhammad Aslam H. Jatoi for Petitioner. ORDER ABDUL RASOOL MEMON, J.- The petitioner through this petition has questioned the order of learned District Judge, Jacobabad, whereby he has allowed joining of Ghulam Sarwar, Sri Chand, Mukhtiarkar and Sub-Registrar as defendants in Suit No.14 of 2011 and thereby allowed the revision application and set the order dated 16-3-2013, passed by the learned 2nd Senior Civil Judge, Jacobabad, with following observations :--- "4. It is well-settled law that application under Order I, rule 10, C.P.C. can be moved at any stage of the suit and in the above case the petitioner/defendant claimed to be the owner…
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