Law:

Section:

Civil Procedure Code (V of 1908)-- ----O.I. R.3 & O.XXII, R.4---Abatement of suit ---Non-impleading of a party in suit---Effect---Suit was originally instituted against two defendants---One of the defendants having sold his title share in land in question, he was left with no interest therein ---Vendee from deceased-defendant in her cross suit claiming to be the exclusive owner on account of sale in her favour had also not joined deceased-defendant's same daughter---Deceased-defendant having sold his total share in land was not a necessary party and non-impleading of one of his daughters in suit would not cause abatement of suit---Order of abatement of suit was set aside in circumstances. Aksar Ali v. Fazal Karim 1982 C L C 1309; Muzaffar v. Moulvi Azizur Rahman 1983 C L C 16; Jai Kishen Das v. Arya Priti Nidhi Sabha A I R 1921 Lah. 357; Bishambar Das v. Kanshi Parshad A I R 1932 Lah. 641; Shah Jahan Begum v. Baloch P L D 1975 Lah. 390; Umid Ali v. Wali Muhammad P L D, 1975 Lah. 143; Lekha v. Bhani A I R 1923 Lah. 647 and Madhususdan Chakravarti v. Satish Chandra Nag A I R 1926 Cal. 512 ref. JUDGMENT SARDAR SAID MUHAMMAD KHAN, CJ.---This appeal has been directed against the order of the High Court dated 12-12-1990 whereby the revision petition filed by Jamal Din and others, respondents, was accepted and the suit of the appellant, herein, was declared to have been abated due to non­ impleadment of Mst. Taja Begum, a legal representative of Rahim Bukhsh, deceased-defendant. Brief facts giving rise to the present appeal are that a declaratory suit was filed by Maqbool Hussain alleging that the suit land comprising survey Nos.7, 10 and 151, measuring 37 Kanals 16 Marlas, was in the ownership of Jamal Din and Rahim Bukhsh, defendants Nos.l and 2, but he had forcibly taken the possession of the same in the year 1971 and since then is holding the land alongwith a house adverse to the aforesaid owners. However. Rahim Bukhsh, defendant No.2, who was father of the appellant, herein, had transferred his share in the suit land through a registered sale-deed to defendant No.3, Mst. Akbar Jan, despite the fact that he had no subsisting right of ownership in the suit land…

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