| Citation(s) |
|---|
| 1994 SLG 353 1994 SLD 353 1994 PLD 95 |
Supreme Court of Pakistan
Civil Appeal No. 587-K of 1990, decision dated: 2-09-1993 (On appeal from the judgment of High Court of Sindh, dated 13-11-1989 in H.CA. No.208 of 1989).
SHAFIUR RAHMAN, ABDUL QADEER CHAUDLTRY AND SAEEDTTZZAMAN SIDDIQTTI, JJUZIN EXPORT IMPORT ENTERPRISES FOR
Qamar Islam Abbas, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellant. A.H. Mirza, Advocate Supreme Court with Yousuf Rafi, Advocate-on-Record (absent) No. 1. Kamal Azfar, Advocate Supreme Court with Mrs. Majida Razvi, Advoca
Civil Appeal No. 587-K of 1990, decision dated: 2-09-1993 (On appeal from the judgment of High Court of Sindh, dated 13-11-1989 in H.CA. No.208 of 1989).
SHAFIUR RAHMAN, ABDUL QADEER CHAUDLTRY AND SAEEDTTZZAMAN SIDDIQTTI, JJUZIN EXPORT IMPORT ENTERPRISES FOR
Qamar Islam Abbas, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellant. A.H. Mirza, Advocate Supreme Court with Yousuf Rafi, Advocate-on-Record (absent) No. 1. Kamal Azfar, Advocate Supreme Court with Mrs. Majida Razvi, Advoca
FOREIGN TRADE, KARACHI
VS
UNION BANK OF MIDDLE EAST LTD., KARACHI and another
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------O.I, R.10(2)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether in the circumstances of the case respondent was rightly joined as party in the suit. (b) Civil Procedure Code (V of 1908)--- ----O.I, R.10(2)---Scope and application or 0.1, R.10(2),.C.P.C. Sub-rule (2) of Rule 10, C.P.C. deals with the powers of the Court to strike off the names of the parties improperly joined in the suit either as defendant or plaintiff. This rule also authorises the Court to order for adding the name of any other party either as plaintiff or defendant in the suit who ought to have been joined in the proceedings or whose presence is felt by the Court as necessary to settle and adjudicate upon all questions involved in the suit, completely and effectually. This power can be exercised by the Court either on its own motion or on the application of either party to the proceedings. A careful reading of sub-rule (2) will show that power .o add parties to the suit can be exercised by the Court in two cases. Firstly, the Court may order joinder of a party in a suit either as a defendant or plaintiff, if it reaches the conclusion that a party who ought to have been joined as a party in the proceedings is not before it. The other case in which the Court may direct joinder of a party in the suit as plaintiff or defendant is, where the Court finds that the presence of that party will facilitate the Court to decide effectually and finally all questions arising in the suit. In the first case, the joinder is of a necessary party to the suit while in the latter case the party added to the proceedings is only a proper party. Failure to implead a necessary party is always fatal to the proceedings while it may not be so in the other case and the Court may proceed to determine the matter in controversy between the parties before it. It is, therefore, not at all necessary that some relief must have been claimed in the suit against the party which is joined in the proceedings as a proper party. The primary object of impleading a proper party in the suit is to avoid multiplicity of legal proceedings and to…
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