Law: Civil Procedure Code (V of 1908)

Section: 1,10

(a) Civil Procedure Code (V of 1908)--- ----O. I, R.10---Parties to suit---Court may strike out or add parties---Scope filed application under O. I, R.10(2), C.P.C., on the ground that their land was included in the suit land by the plaintiffs but they were not impleaded as defendants in the suit with mala fide intention---Validity had not annexed any valid document with the petition to show their ownership of the suit land---Application was filed by the petitioners after about 6 years of the filing of the suit were neither necessary nor proper party to the suit, effective decree in their absence could be competently passed---Petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Parties to suit---Court may strike out or add parties---Scope---Intervener under the provisions of O. I, R.10(2), C.P.C., can be impleaded as a party only when either it is a necessary or a proper party---Necessary party is one in whose absence no effective adjudication can take place or decree passed. JUDGMENT ALL BAIG, JUSTICE:---.--- This civil miscellaneous petition under Order 1 Rule 10(2) C.P.C has been preferred by the present petitioners namely Rash Khan, Abdullah Jan, Shah Khan sons of Goro and Air Khan son of Khushal Khan residents of Chilas for impleading themselves as defendants in the suit. 2. Brief facts necessary for disposal of this petition are that present respondents/plaintiffs legal heirs of one Behram Khan had filed a suit for declaration and possession of suit land fully described in the head note of plaint situated at old Airport Chilas City against the defendants present respondents category-II in the trial court which was decreed in favor of the present respondents category-I/plaintiffs by the Trial Court. The aforesaid judgment/decree of the learned Trial Court was challenged in the court of learned District Judge Diamer. The learned District Judge after hearing parties allowed the appeal of the defendants and has set aside decree/judgment of learned Trial Court vide the decree/judgment dated 29-10-2014. 3. The present respondents category-I/plaintiffs have challenged the aforesaid judgment passed by the learned District Judge Diamer…

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