Law:

Section:

Civil Procedure Code (V of 1908)--- ----0.1, R.10---Constitution of Pakistan (1973), Art.199---Impleading of party--­During pendency of suit between plaintiff/petitioner and respondent Authority in respect of shop in dispute, respondents who had nothing to do with that shop filed application to be impleaded in proceedings before Court as party--­Application of respondents was accepted by Trial Court as well as Appellate Court below---Respondents despite issuance of notice and publication failed to appear and as such were proceeded ex parte---Respondent Authority stated that it had no objection if order of Courts below impleading respondents as party was set aside with observation that in case they appeared before Trial Court at any stage of litigation to press their application for impleading them as party, they could be allowed to join proceedings according to law---With consent of parties, High Court set aside orders passed by Courts below with observation as prayed for by respondent Authority. JUDGMENT A suit for perpetual injunction was instituted by Muhammad Siddiqiue and Muhammad Afzal, petitioners, before the learned Civil Judge, Lahore, against the Lahore Development Authority and two others. 2. Shortly, the facts are that a shop bearing No-SS, Shahalam Market (Rang Mahal Market Scheme), Lahore, was purchased by the petitioners from the LDA for Rs.2,45,955 through registered sale-deed dated 7-12-1981. Annexure `A'. The sale of the shop in question was cancelled by the LDA. This action of the respondent LDA was assailed by the petitioners through the aforesaid suit. During the pendency of the civil suit an application was movc.4 by respondents Nos.4 to 11 for becoming party to the proceedings in the civil suit. The learned Civil Judge allowed the application of respondents Nos.4 to 11 under Order 1, Rule 10, C.P.C. In consequence they were impleaded ~f, party. This order of the learned trial Judge was assailed by the petitioners by filing a revision petition which was heard and dismissed by the learned Additional District Judge on 15-10-1990. The impugned order passed by respondent No.12 has been assailed through this Constitutional petition. Notices…

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