Law: Civil Procedure Code (V of 1908)

Section: 10

Civil Procedure Code (V of 1908)--- ----O.I, R.10---Suit for declaration and permanent injunction---Impleadment of a party---Suit was dismissed by the Trial Court against which an appeal was filed---Plaintiffs moved an application before the Appellate Court to add defendants in the suit---Appellate Court accepted the said application---Validity---Proposed defendants were necessary and proper parties to the suit and they might be impleaded in the same---Trial Court or Appellate Court had ample power to allow such proposed defendants to be impleaded in the suit if they had some right or interest in the subject matter or cause of action---Courts had discretion to add the parties at any stage of proceedings to avoid multiplicity of proceedings and to arrive at fair and correct conclusion---Appellate Court had not committed any irregularity or illegality while passing the impugned order---Revision was dismissed, in circumstances. 2004 MLD 1395 rel. THIS JUDGMENT DELIVERED BY: ALI BAIG, J:---.--- Through the instant revision petition filed under Section 115 read with Section 151, C.P.C, the petitioners/defendants have challenged the impugned judgment/order dated 19-5-20108 passed in civil 1st appeal No. 97/2014 by the learned District Judge Ghizer, whereby the learned 1st appellate court has allowed the petition filed under Order I, Rule 10(2), C.P.C. by the present respondents/plaintiffs and has remanded the case to learned trial court with the direction to implead the L.Rs of late Dardomand Shah as defendants and proceed the case according to law and procedure. 2. Brief facts forming back ground of the instant civil revision petition are that the present respondents /plaintiffs had instituted a suit for declaration and permanent injunction in respect of suit land fully described in the heading of plaint against petitioners/defendants in the trial court. 3. The present petitioners being defendants in the suit contested the suit by filing of their written statement in the trial court repudiating the averments of plaint on many legal and factual grounds. Out of divergent pleadings of the parties the learned trial court framed necessary issues to determine the factual…

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