Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XX, R. 18 & O. I, R. 10---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Decree for partition---Necessary party---Suit for declaration and permanent injunction was filed but Trial Court passed decree for partition without any prayer for partition---Applicants moved an application objecting to the final decree for partition on the ground that neither they were party to the original suit nor they had been allowed to associate in the proceedings but same was dismissed---Validity---Decree for partition was passed but same was only inter se the parties to the suit---When there was no prayer for partition then decree for partition could not be passed---When applicants were held to be necessary party then why they were not impleaded as party---If applicants appeared in the Court and requested for objecting to proceedings then they should have been given proper opportunity of hearing---Court could pass a decree for partition in favour and against the parties but not against any person who was not the party---Impugned orders were set aside to the extent of applicants but remaining proceedings inter se were not disturbed having been satisfied---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.- -- Impugned herein are the orders dated 08.05.2007 passed in appeal of present petitioners against the order dated 03.12.2005 of learned trial court whereby during final decree for partition, petitioners were held entitled to pay Rs.290,000/- to the respondents/ applicants. 2. Brief facts are that the respondents Nos.1 to 3 filed a suit for declaration, possession and permanent injunction claiming an area of "three Pao" as mentioned in the heading of the plaint and the boundaries mentioned in zamima annexed with the plaint against predecessor of respondents Nos.4 to 14 which was put to trial and after recording of evidence decree for partition was passed on 29.07.1999 (there was no prayer for partition). 3. Noor Muhammad, predecessor of respondents Nos.4 to 10 filed appeal against other respondents which was also dismissed on…

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