Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,10(2)

Civil Procedure Code (V of 1908)--- ----O.I, R. 10---Impleadment of party---Scope---Suit was dismissed against which appeal was filed wherein petition for impleadment of a party was moved---Appellate Court dismissed the said application on the ground that same had been filed at belated stage---Validity---Court had wide discretion to add the parties at any stage of proceedings to avoid multiplicity of litigation and to arrive at just and correct conclusion---Mere delay in filing of an application under O.I, R.10, C.P.C. was not fatal to any party---Impugned order passed by the Appellate Court was set aside and application for impleadment of party was accepted---Applicants were allowed to implead the proposed party as defendants in the suit---Matter was remanded to the Trial Court with the decision to decide the same afresh after impleading the proposed defendants in the suit---Revision was allowed, in circumstances. PLD 2012 Sindh 449; PLD 2009 Lah. 140; 2011 MLD 1368; 2018 MLD 700 GB; PLD 1967 K 711; 2007 SCMR 882 and 2010 SCMR 115 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This Civil Revision Petition is directed against the impugned judgment/order dated 19-09-2018, passed by the learned Additional District Judge Gilgit whereby the learned 1st Appellate Court has dismissed the application filed by the present petitioner/plaintiff under Order I, Rule 10(2), C.P.C. for impleading Chancellor of Karakorum International University Gilgit and provincial Government Gilgit-Baltistan as defendants in the suit. 1. Precisely facts leading to the filing of the instant Civil Revision Petition are that the present petitioners/Plaintiffs instituted a suit for declaration and permanent injunction against the present respondents / defendants in the learned trial Court claiming that 7 kanals 11 marlas land including two kanal disputed land described in the head note of the plaint situated at Naltar was allotted to the father of plaintiffs/petitioners in the year 1964. Since then the plaintiffs/petitioners are in possession of suit land. In the year 2008 two kanals suit land out of allotted land of the petitioners was illegally allotted to the respondents/defendants Nos. 1…

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