Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Specific Relief Act, 1877

Section: 12,42,54

Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Necessary party to a suit---Misjoinder of parties---Impleadment of parties---Striking out name of party---Exercise of discretion under O. I, R.10, C.P.C.---Suit for declaration, specific performance of contract and permanent injunction filed by customer/plaintiff against international/foreign vehicle manufacturer and its local agent/ representative after non-delivery of vehicle purchased by plaintiff---Defendant international/foreign manufacturer impugned order of Trial Court whereby its application for deletion of its name from list of defendants, was rejected---Question before High Court was whether foreign/international manufacturer of imported vehicle was necessary party to suit when contract sought to be enforced was between plaintiff and local agent/seller of vehicle---Held, that issues in suit were yet to be framed and parties were not yet examined, and when it was found that local agent was looking after affairs of international manufacturer in Pakistan, hence international manufacturer could not claim to be aloof from suit when prayers in suit had also been made with regard to suspension of trade licence and agency of local manufacturer---Local agent and international/foreign manufacturer had direct nexus and concern with delivery of said vehicle when defendants had relationship of manufacturer and representative---Proper parties were those which had some benefit in respect of dispute between parties or person who had some interest in subject-matter of suit---High Court held that international manufacturer was proper and necessary party to suit---Appeal was dismissed, in circumstances. Lawyers Foundation for Justice through Chairman v. Federation of Pakistan and others PLD 2019 Lah. 43; Engro Foods Ltd. through duly Authorized Attorney v. Province of Sindh through Secretary, Ministry of Labour and 2 others 2018 MLD 866; Aroma Travel Services (Pvt.) Ltd. through Director and 4 others v. Faisal Al Abdullah Al Faisal Al-Saud and 20 others 2017 YLR 1579; Tajuddin v. Ferozuddin Ahmed and 2 others 2010 YLR 256; Collector of Customs v. Messrs Ayaz Ahmed…

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