Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Civil Procedure Code (V of 1908)--- ----O.I, R.10---Court may strike out or add parties---Scopes filed suit for asserting their right to cultivate the land through the disputed water channels during pendency of revision petition before the High Court filed an application under O.I, R.10, C.P.C., for impleading of Provincial Government and Collector as defendants in the suit---Validity---Disputed land for which water from the concerned channel was required was Khalisa Sarkars were shown as tenants of Government, thus Provincial Government and Collector were necessary parties to the suit and without impleading them no effective decree could be passed by the Courts---Application under O.I, R.10(2), C.P.C., was accepted, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.I, R.10---Court may strike out or add parties---Scope---All the parties necessary to the suit should be joined and in case they are omitted the suit is bad for non-joinder and no effective decree in such circumstances can be passed. JUDGMENT ALI BAIG, JUSTICE:---.---- This civil miscellaneous petition has been preferred by the petitioners/defendants under Order 1, Rule 10(2), read with section 151, C.P.C. for impleading of provincial Government of G-B and Collector Astore as defendants in the suit during pendency of Civil Revision Petition 82/2018 titled “123 Household of Patti Dachy, Shougroot and Hopuk through representatives v. Late Molvi Yaqeen Shah through LRs.” 2. Succinctly facts necessary for disposal of the instant civil miscellaneous petition under Order 1, Rule 10(2), C.P.C. are that the present respondents/plaintiffs (herein after called as respondents) instituted a suit for declaration and permanent injunction against the present petitioners/defendants (herein after called as petitioners) in the trial Court asserting therein that the respondents are entitled to irrigate their Bandobasti and Noutore lands through water of Bandobasti Channel Dachy, Shugroot and Hopuk, as the aforesaid channel was constructed by forefathers of the respondents to irrigate their lands. The respondents have been irrigating their Bandobasti and Noutore lands, trees etc by the water of said…

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