Law: Civil Procedure Code (V of 1908)

Section: O. XLT, r. 20

Law: Limitation Act (IX of 1908)

Section: 5

(a) Civil Procedure Code (V of 1908) O. XLT, r. 20 and Limitation Act (IX of 1908), S 5---Appeal- Delay-Petitioner failing to implead two of defendants in suit as parties in appeals-Mistake occurring due to erroneous copy of judgment furnished to petitioner by Copying Department-Mistake, held, bona fide, and Additional District Judge; held further, should have invoiced provisions of r. 20 of O. XLI condoned delay and allowed petitioner to implead such persons as defendants. Musmar v. Khairullah Khan P L D 1954 Pesh. 52 ; Chockalingam Chetty v. Sheetha Ache A I R 1927 P C 252 and Not fed Area Committee v. Gumband Ram A I R 1959.Pb. 1066 ref. Date of hearing : 2nd February, 1980.                                                                                                                                           JUDGMENT The petitioner Hazrat Shah instituted a suit in the Court of Civil Judge claiming that he was entitled to receive the amount of offerings on the shrine situated in field No. 197 in village Prang for 180 days in a year. The learned trial Judge declared him to be entitled to the amount of offerings for 78 days only. From this order an appeal was taken to the Additional District Judge, Peshawar by the pre3ent petitioner but it was found that in appeal two persons, namely, Mst. Shaheen and Mst. Basri, minors, who were defendants in the original suit, had not been made par ties. The omission was brought to the notice of the learned Additional District Judge by counsel appearing for the contesting respondents. The petitioner, when confronted with this omission, made an application for impleading these minors as parties to the appeal but the learned Additional District Judge dismissed the appeal on the ground that the said two persons who were necessary parties to the dispute had not been impleaded as…