Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Limitation Act, 1908

Section: 19,20(2),13

Law: Transfer of Property Act, 1882

Section: 41,60

(a) Mortgage-- ----Mortgage is a charge and not ownership. (b) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), S.19---Civil Procedure Code (V of 1908), O.I, R.10---Redemption of mortgaged property---Misjoinder and non joinder of necessary parties---Acknowledgement of liability---Suit land was mortgaged by predecessor-in-interest of plaintiffs in years, 1893, in favour of non-Muslim, who further assigned his mortgagee rights in favour of another non-Muslim in year, 1937--After creation of Pakistan, non-Muslim evacuee left Pakistan and by operation of law, the Central Government became owner of suit land as well as rights in the suit land---Plaintiff without impleading Central Government as party to their suit, sought declaration of title over suit land---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of plaintiffs---Validity---Main grievance of plaintiffs was against Central Government as the Central Government was claiming absolute ownership of suit land and plaintiffs were agitating that Central Government was only owner of mortgage rights and for resolution of such dispute, the Central Government was necessary party---Trial Court failed to frame issue. on such point and in absence of Central Government as party to the suit, and decree under appeal was defective one---Though due to non-impleading necessary party, the suit could not fail but it was equally necessary that no defective decree should be passed in absence of necessary party---Defendants were claiming to be bona fide purchasers for value without notice and as such for resolving of such issue, it was necessary that Central Government should have been impleaded as party in the suit, especially when plaintiffs did not challenge mutation of ownership in favour of Central Government---High Court, in exercise of revisional jurisdicioton, set aside s and decrees passed by both the Courts below and the case was remanded to Trial Court for framing of additional issue regarding non-impleading of Central Government as party and then deciding the case afresh---Revision was allowed in circumstances. Muhammad Zaman and 8 others v. Abdul Malik Khan…

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