Law: Civil Procedure Code (V of 1908)

Section: O. XLI, r. 20

  Civil Procedure Code (V of 1908), O. XLI, r. 20-Adding respondent-Party to suit not made respondent in appeal-Cannot be added as respondent after period of limitation against such party has-expired.   Labhu Ram and others v. Ram Partap and others A I R 1944 Lah..76 and V. P. R. V. Chockalingam Chetty v. Sethai Ache and others A I R 1927 P C 252 ref.   Code of Civil Procedure (Amendment) Ordinance(XLIV of 1962), S. 59 (4)-Only valid appeal instituted strictly within period of limitation can be treated as revision petition-Second appeal barred by time because necessary party had not been impleaded as respondent in appeal -Appeal cannot be treated as revision petition-Civil Procedure Code (V of 1908), S. 115 [as amended by Code of Civil Procedure (Amendment) Ordinance (XLIV of 1962)].  JUDGMENT   MUHAMMAD DAUD KHAN, J.-Qasim Khan plaintiff instituted a suit in the Court of the Civil Judge First, Class, Peshawar, on the 29th of June 1953, for possession of 15/32 shares of agricul tural land, for possession by partition, of 15/32 shares of a vacant site with shop, and for possession by partition of 15/32 shares of a house specified in the plaint, against Mst. Mulkai and several other defendants. The suit was decreed on the 8th of April 1957. In appeal, the Additional District Judge, Peshawar, reversed the findings of the learned trial Judge, and dismissed the suit on the 26th of October 1959. This appeal was instituted by Muhib Ali, who figured as defendant No. 3 in the original suit. Qasim plaintiff came to this Court in second appeal. He presented the memorandum of appeal on the 6th of February 1960 in this Court, and it was returned to him for correction and he re-submitted it on the 12th of February 1960. It came before a Division Bench of this Court on the 18th of February 1960 and was admitted to full hearing.   In the meantime Ordinance XLIV of 1962 came intoforce and under section 59 (4) of the Ordinance, every appeal from an appellate decree pending before a Court immediately before the promulgation of this Ordinance was provided to be deemed to be an application for revision under section 115 of the Civil Procedure Code as…