Law:

Section:

Civil Procedure Code (IX of 1908)-- ----O.I R.9---Specific Relief Act (I of 1877) S. 8---Suit for possession---Non-joinder of necessary parties---Effect---Suit was decreed by Trial Court---Defendant assailed said order of Trial Court on the ground that the suit was not maintainable for non-joinder of necessary parties---Validity---Suit had been decided by the Trial Court without impleading the necessary parties as was enemurarated in the lists produced by the defendant, and without affording reasons for such default---Order of Trial Court affected more persons than the defendant---High Court set aside order and decree of Trial Court and remanded the suit to Trial Court with the direction to implead the necessary parties, and decide the suit afresh---Appeal was disposed of, accordingly. ORDER NASIR SAEED SHEIKH, J.---A suit for possession with recovery of mesne profit was instituted by the respondents Nos.1 to 7 before the learned Civil Judge Lahore originally against Lahore Cantt. Cooperative Housing Society Lahore Cantt. The present appellant subsequently succeeded to the erstwhile housing society. The respondent No.8 was also impleaded as defendant No.2 in the suit vide order dated 24-3-2003 passed by the learned Civil Judge Lahore in the matter. Originally the Lahore Cantt. Cooperative Housing Society Lahore Cantt. contested the suit by submitting a written statement. 2. The learned Civil Judge Lahore framed the following issues arising out of the pleadings of the parties:-- ISSUES (1) Whether the suit is incompetent in its present form? OPD (2) Whether the suit is barred by time? OPD (3) Whether the suit is based upon misconceived facts? If so, its effect? OPD (4) Whether the suit is bad for non-joinder of necessary parties and is not maintainable? OPD (5) Whether the suit is barred by principle of acquiescence, estoppel, Laches and waiver? OPD (6) Whether the suit is bad for mis-joinder of causes of action? OPD (7) Whether the plaint has not been verified in accordance with law? If so, its effect?0PD (8) Whether the defendant has no right, title or interest in the suit property and the plaintiffs are entitled to possession and mesne profit to the tune of…

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