Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Parties to suit---Interpretation of O.I, R.10, C.P.C---Principle---Defendant, being legal heir was impleaded as necessary and proper party---Plaintiff, through a previously filed Benami suit against his wife, had obtained consent decree in his favour with regard to suit properties; however, plaintiff had never filed execution petition for implementation of the same---Plaintiff, subsequently, on basis of said and decree, filed present suit seeking declaration as to his ownership regarding suit properties and direction to defendant-Capital Development Authority for transfer of the same in his name---Applicant, being brother and legal heir of the deceased wife, filed application under O.I, R.10, C.P.C. to be impleaded as defendant in the suit, which was accepted both by Trial Court and revisional court---Plaintiff contended that the and decree, passed in the previous suit, had attained finality extinguishing right of his deceased wife in the suit properties, and applicant, therefore, could not claim any right or interest in suit properties---Validity---Judgment and decree in question had not been executed during lifetime of the deceased nor had any proceedings been initiated in that regard---Applicant, being brother of the deceased, had acquired interest in suit properties as her legal heir---Existence and effect of said interest of applicant, in context of present suit, was to be determined by Trial Court---Presence of applicant was, therefore, essential to enable Trial Court to effectively and completely adjudicate upon and settle all questions and matters, which were material for proper decision, simultaneously, avoiding multiplicity of litigation---Applicant was necessary and proper party---High Court observed that provision of O.I, R.10, C.P.C. were to be interpreted liberally in the interest of complete adjudication of all questions involved in the case and to avoid multiplicity of proceedings---Constitutional petition was dismissed in circumstances. Messrs Jans Caterers v. The Islamic Republic of Pakistan through The Chairman, Pakistan Western Railway, Lahore and 2 others PLD 1972 Lah. 169; Muhammad…

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