Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Impleadment as a party---Scope---Trial Court decreed the suit against which appeal was filed wherein application was moved for impleadment of a party which was dismissed---Validity---Shares claimed by the applicants in the property of their father and in the property of deceased son of plaintiff were different---Applicants should be impleaded to the suit but to the extent of determination of their shares in the property of deceased son of plaintiff---Applicants would be free to file a separate suit for their share in the property of their father---Shares of applicants in the property of their father could not be determined through the present suit---Trial Court should implead the applicants as plaintiffs and not as defendants as they had made a claim through the present petition---Impugned order as well as and decree passed by the courts below were set aside---Case was remanded to the Trial Court with the direction to implead the applicants as plaintiffs to the present suit and also to the extent of their claim as to their share in the property of deceased son of plaintiff---Impleadment of applicants to the plaint as plaintiffs would not affect the claim of plaintiff of the suit as to her share in the suit property---Revision was allowed subject to payment of costs of Rs. 10,000/- subject to conditions elaborated. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:----------- Order dated 05-06-2014 passed by the learned first appellate court Skardu, whereby, the learned first appellate court rejected the petition dated nill of the petitioners that petitioners had filed during pendency of appeal (CFA No.62/2014). Through the said petition under Order I Rule 10(2), C.P.C., petitioners sought to be impleaded in the plaint of Civil Suit No.73/2010. 2. Mst. Bilqees, respondent/plaintiff No.3, filed a civil suit in the trial court of Civil Judge No.II Skardu, who, through his decree/judgment dated 28-06-2012, decreed the suit against respondents Nos.1 and 2/ defendants No.1 and 2. Feeling aggrieved from the same, respondents Nos.1 and 2 filed appeal (CFA No.62/2014) and during pendency of the appeal, petitioners moved a…

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