Case Details

Citation(s)
2017 SLG 2019 2017 SLD 2019 2017 MLD 664

Civil Revision No. 2 of 2015, decision Date : 18-05-2015.
MUHAMMAD ALAM, JUSTICE
Counsel for Petitioners absent. Sher Baz Ali Khan for
Respondents.

VS

ALI REHMAT AND ANOTHER

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Impleadment as a party---Scope---During pendency of appeal petition for impleadment of party was filed by the plaintiffs which was dismissed by the Appellate Court---Validity---Party required to be impleaded was not claiming any title to the suit land or even any kind of proprietary right to the subject matter of suit---No issue showing claim of title of said party to the suit land was framed by the Trial Court---Adding any party to the case was the discretion of Trial Court---Application for impleadment of party was baseless and based on mala fide which was rightly dismissed---Revision was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- Order dated 25-11-2014 of the learned first appellate court that he passed in C.F.A. No. 72/2013, has been challenged through this petition. Mr. Ali Afsar, petitioner No. 3, appeared and requests for adjournment. Request refused. I have heard learned counsel for respondents and have gone through the file. 2. C.F.A. No. 72/2013 was directed against judgment/order dated 19-9-2013 of the learned Civil Judge 1st Class Nagar. Through the said order, the learned Civil Judge dismissed the suit of the petitioners/ plaintiffs. Said judgment/order found passed after full trial of the case. During pendency of the appeal (C.F.A. No. 72/2013), petitioners/ plaintiffs filed a petition under Order I, Rule 10(2) read with Order VI, Rule 17, C.P.C. From plain perusal of the said petition, it is very clear that petitioners/plaintiffs prayed for impleading AKRSP, an NGO, party to the case. 3. Para No. 7 of the impugned order is very relevant and for ready reference, I reproduce the same hereunder:-- 7. "There is no dispute between the parties that the local organization of AKRSP developed and improved the suit property and brought it under irrigation with the financial assistance of the AKRSP and used it as a plantation nursery during the period from 1984-85 to 1993-94. The AKRSP with the aim of uplifting the standard of living of the people of the area had merely…
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