Law: Civil Procedure Code (V of 1908)

Section:  O. I, r. 10 (2)

Civil Procedure Code (V of 1908)  O. I, r. 10 (2)-.Striking or addition of-parties-Power to strike out name of any party-Exerciscable only in relation to persons, "improperly joined" as party at any time without reference to fulfilment of any pre-condition.                                                                                                                     JUDGMENT The petitioner in this case is aggrieved by the order dated 24th May 1979 dismissing the revision petition filed by the petitioner against the order dated 14th January 1978 whereby an application filed by the peti tioner under Order 1, rule 10 of the C. P. C. was dismissed. 2. The brief facts of the case are that the petitioner filed a suit for declaration and permanent injunction against respondent No. 3 which was decreed by the learned trial Court on 22nd June 1974. Another suit was filed by Khan Mohammad respondent No. 6 against respondents Nos. 4 and 5 on the basis of an agreement to sell the suit land allegedly executed on 25th May 1973. It appears that on 15th July 1974 respondents Nos. 4 and 5 admitted the suit of Khan Mohammad respondent No. 6 and the suit was decreed as prayed on 12th June 1974. 3. Both the petitioners and Khan Mohammad respondent No. 6 filed cross appeals and the cases were remanded by the learned Additional District .Judge, Kasur by his order dated 25th November 1974 with the direction that the petitioner should implead the rival suitors. This order was complied with by the petitioner by impleading Khan Mohammad as a defendant in the suit. It appears that the suit filed by Khan Muhammad respondent No. 6 was dismissed by the trial Court on 13th December 1976 whereas the suit filed by the present petitioner remained pending. The petitioner moved an application under Order 1, rule 10 of the C. P. C. before the trial Court praying that since the suit filed by…