Law: Civil Procedure Code (V of 1908)

Section: 96,105,O.I,R.10

(a) Civil Procedure Code (V of 1908)--- ----Ss. 96 & 105---Appeal by stranger---Locus standi---Principle---When a party to suit is adversely affected from and decree passed in any civil suit, therefore, an appeal can be preferred by that party---Stranger to suit, in circumstances, can also prefer an appeal. H. M. Saya and Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65; Muhammad Rafique v. Khalid Masood and 22 others 2001 CLC 781 and Sahib Dad v. Province of Punjab and others 2009 SCMR 385 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss. 105, & O. I, R. 10---Suit for declaration---Appeal---Divorce certificate was issued in favour of plaintiff by Arbitration Council---After death of her husband, plaintiff filed suit seeking cancellation of divorce certificate---Legal heirs of deceased moved application to be impleaded as party in suit but application was dismissed and suit was decreed in favour of plaintiff---Legal heirs of deceased filed appeal against and decree which was allowed by Lower Appellate Court and case was remanded to Trial Court for decision afresh---Validity---Not every order could be assailed in appeal against and decree however, appellant had to show in light of S. 105, C.P.C. that error, defect or irregularity in order had effected decision of case but Lower Appellate Court failed to take such fact into account---Respondents in appeal had to show that dismissal of their application under O. I, R.10, C.P.C. was erroneous and that error, defect or irregularity had effected decision of case---High Court in exercise of revisional jurisdiction set aside order passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.--- The facts, leading to filing of the instant petition, are that the Petitioner contracted marriage with one Azhar Hussain in August 2003. The referred Azhar Hussain, in 2011, moved an application to the Chairman, Arbitration Council for grant of Divorce Certificate to the Petitioner, which was accordingly done. Azhar Hussain died on 04.06.2013. After his death, the Petitioner filed a suit seeking…

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