Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Civil Procedure Code (V of 1908)

Section: 10

Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O.I, R.10---Suit for cancellation, declaration and injunction---Necessary and proper party---Determination---New cause of action, adding of---Term 'Dominus Litis'---Scope---Applicant sought impleading of his name as defendant on the plea that he was a necessary party, as he purchased suit property from one defendant through another---Validity---Applicant did not claim any grievance against plaintiff nor the plaintiff had any concern with the applicant---If applicant had any cause of action against two defendants he could file a separate suit against them, rather he would be impleaded as a party in such suit---No person could be permitted to become a party to a suit, who has his own cause of action against the party/parties of the suit, wherein he wants to be impleaded as a party, and in case if he is allowed to become a party that would amount to adding a new cause of action in the suit---Plaintiff was a 'Dominus Litis' and ordinarily no person should be added as party against his wishes---High Court declined to allow impleading of applicant as the suit was at advanced stage and joining of proceedings by applicant would amount to unnecessary prejudice and would embarrass the plaintiff---Application was dismissed, in circumstances. 2019 MLD 212; 2013 SCMR 602; PLD 2017 Lah. 588; 2017 YLR 1579; 1992 CLC 700; 2016 CLD 1790 and Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463 rel. ORDER KAUSAR SULTANA HUSSAIN, J.---Through this order, I shall dispose of an application filed by the learned counsel for the proposed Intervener under Order I, Rule 10, C.P.C. (C.M.A. No. 2326 of 2020), along with an affidavit of the proposed intervener namely Zahid Rasheed son of Abdul Rasheed, praying therein to allow instant application and array/implead the applicant/proposed intervener as Defendant No. 07 in the instant case as the applicant/proposed Intervener is a necessary and proper party being bona fide purchaser of the subject property, so that the matter be heard and decided, considering the stake of all the parties concerned to arrive at just and proper decision in…

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