Law:

Section:

Civil Procedure Code (V of 1908)-------O. I, R. 10 & S. 115---Non-impleading of necessary party in suit--­Petitioner's application to be impleaded in suit was rejected by Trial Court--­Validity---Parties could be classified as necessary or proper parties for purposes of O.I, R. 10, C.P.C.---Any person who ought to have been joined was a necessary party, while any person whose presence was necessary to effectually and completely adjudicate upon and settle all points involved in suit, would be a proper party---Parties in whose absence, no effective decree could be passed, were necessary parties and no suit could proceed in absence of such party---Suit in absence of proper party was not bad but object of making such persons as parties, was to prevent needless multiplicity of suits and to protect interest of parties to the suit or of such persons who had been added as proper parties---Petitioner being co-sharer in land in question, Trial Court committed grave irregularity/illegality in refusing to implead him as necessary party--­Proceedings of suit culminating into decree is absence of such necessary party, could not be sustained and were required to be set aside in revisional jurisdiction---Judgment and decree passed by Trial Court was set aside and case was remanded to Trial Court for decision afresh; 'after impleading petitioner as party to suit and proceeding with case in accordance with law. Abdur Rashid v. Gulzar decided by Supreme Court of Azad Jammu and Kashmir on 21st December, 1994 ref. Liaqat Afzal for Petitioner. Muhammad Siddique Chaudhary for Respondents. ORDER This revision petition is filed against the order passed by the learned Additional Sub-Judge, Mirpur, on December 4, 1994, whereby an application to implead the petitioner as party, was rejected and a decree in favour of respondent No.2, was passed. 2. The facts giving rise to the present revision petition are that a suit for the Specific Performance with regard to the land measuring 2 Kanals 11 Marlas out of 3 Kanals 7 Marlas, comprising old Survey No.922/923/942/943, New, 1184, Khewat No.5/4, Khata_ No.10/15, situate in village Banni, Tehsil Mirpur, was filed by plaintiff-respondent…

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