Law: Civil Procedure Code (V of 1908)

Section:

(a) Civil Procedure Code (V of 1908)--

_---O.XLI, R.20--Omission of party s name from decree-sheet Appellate Court s power to adjourn hearing and direct such party to be impleaded as respondent in appeal Appellate Court has power in a proper case to allow a necessary party to be added as respondent even after period of limitation by condoning delay Power to take such action, however, is discretionary and should not be exercised in cases of extreme negligence Where a person cannot be blamed for such omission and the fault lies with the Court or its officials such person was not to suffer for such fault or omission and defect could be cured even after lapse of period of limitation fixed for the cause, in condoning such delay not perpetuated by him. 

Qazi Mehar Din v. Murad Begum P L D 1951 B J 1; Sarshar Ali v. Roberts Cotton Association Ltd. P L D 1963 SC 244; Mehtab Beg v. Chiragh Ali 1975 S C M R 54; Mehtab Beg v. Ghulam Muhammad P L D 1975 Lah. 580; V.P.R.V. Chockalingam Chetty v. Seethai Ache A I R 1927 P C 252; Labhu Ram v. Ram Partap A I R 1944 Lah. 76; Sohna v. Khala Singh (1891) ,13 All. 78; Bindeshri Naikh v. Ganga Saran Sahu (1892) 14 All. 154; Kanagappa v. Sakkalinga (1892) 15 Mad.362; Girish Chandar v. Sasi Sekhareswar Koy (1006) 33 Cal. 329; Kisanrao Manik and others v. Nanaji and others A I R 1935 Nag. 182; V.S.T. Thamsa Tahsin Tharanganar v. Mohammed Haji Ganny AIR 1935 Rang. 364; Saktiprasanna Bhattacharya v. Naliniranjan Bhattacharya A I R 1931 Cal. 738; Raushan Ram v . Sheran Khan AIR 1920 Lah. 72 (2); Maung An Gale v. Ma Min Dun A I R 1921 Upper Burma 13; The Municipal Committee, Mehar v. Shiv Ram A I R 1923 Lah. 503 ref.