| Citation(s) |
|---|
| 1994 SLG 1538 1994 SLD 1538 = 1994 PLD 26 |
Writ Petitions Nos.91, 89 and 85 of 1992, decided on 24th March, 1994.
Before Abdul Majeed Mallick, CJ
Muhammad Ibrahim Zia and Shiraz Kiani for Petitioners (in Petitions Nos.91 and 89 of 1992). Ch. Muhammad Taj, Ch. Muhammad Azam Khan and Muhammad Yunus Surakhvi for Petitioners (in Petitions Nos. 91 and 85 of 1992). Muhammad Hanif Khan and Ghulam Mustafa Mughal for
Respondents (in Petitions Nos.91 and 89 of 1992). Noorul Amin and Masud Khalid for
Respondents (in Petitions Nos.91 and 85 of 1992).
JAVED IQBAL KHAWAJA and others---Petitioners
VERSUS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through its Chief Secretary, Muzaffarabad and others---Respondents
Law: Civil Procedure Code (V of 1908)
Section: O.I, R.10
(a) Civil Procedure Code (V of 1908)---
----O.I, R.10---Pith and substance of principle enunciated under O.I, R.l0, C.P.C. The pith and substance of principle enunciated under Rule 10, order I, C.P.C. was that presence of a party must be essential to enable the Court to decide the controversy and not otherwise. It was also deemed expedient to array such person as defendant against whom relief was sought in the matter. When no relief was sought against a person and otherwise his presence was not necessary to enable the Court to settle the controversy, such person may not be added as defendant. The multiplicity of proceedings was also considered as a reason to add parties in particular proceedings.