Law:

Section:

Civil Procedure Code (V of 1908)----O. I, R. 10--Constitution of Pakistan (1973), Art. 185(3)--Necessary or proper party, impleading of--Application for impleading respondent as party in suit allowed by trial Court and order upheld in revision-­Plea that short order passed by trial Court did not contain reasons and it was not inquired into whether intervenor was a necessary or proper party repelled--High Court had recorded finding that respondent was a proper party for being impleaded in suit for effective determination of points involved, and for avoiding any multiplicity of proceedings--Joining of intervenor being amply justified, High Court had exercised its discretion rightly--Petition being devoid of merits, dismissed. ORDER S.A. NUSRAT, J.--The petitioner brought a suit for a declaration and permanent injunction in the Court of the District Judge, Quetta impleading respondents Nos. 2 to 4 alone. The first respondent moved an application under Order I rule 10, C.P.C., in the suit on 1-10-1985 for impleading him as a party to the suit. This application was allowed by the learned trial Court on 13-11-1986 by a short order. This order was challenged by the petitioner in revision before the learned High Court which was dismissed as per impugned judgment. 2. It was contended by the learned counsel for the petitioner that the order of the learned trial Court dated 13-11-1986 did not contain any reasons and it was not inquired into whether the intervenor was at all a necessary or a proper party to the suit. However, the learned High Court had the occasion to go into the question in detail and a finding has been recorded…

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