Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. I, R. 9---Necessary party and proper party in suit ---Non-joinder of party who was neither necessary party nor proper party---Effect---Necessary parties are persons who ought to have been joined as parties and in whose absence no effective decree could be passed---Proper parties are persons whose presence before the Court would be necessary to enable it effectively and completely to adjudicate upon and settle all questions involved in the suit---Person sought to be impleaded in suit by defendants from whom they allegedly purchased plot in question was not in possession of the plot and while appearing as a witness from plaintiff side, he had not shown any interest in the plot in question, he rather admitted in Court that the plot belonged to plaintiff; he had denied execution of any sale deed in favour of defendants---Person sought to have been impleaded by defendants vas thus, neither necessary party nor proper party---Suit would not be defeated by reasons of non joinder of parties. (b) Limitation Act (IX of 1908)--- ----Art. 142---Constitution of Pakistan (1973), Art. 185 (3)--- Suit for possession on basis of title---Issues relatable to the right/title of parties in property in question, were issues of fact---Appellate Court and High Court both having applied mind to relevant evidence had concurrently come to the conclusion that plaintiff was entitled to disputed property on the basis of valid gift and that sale deed relied upon by defendants was forged---Person from whom defendants claimed to have purchased plot in question was not confronted with alleged sale-deed by defendants when he appeared in Court as plaintiff's witness---No case- was made out for interference with the concurrent finding of fact of two Courts below---Leave to appeal was refused in circumstances. ORDER MUHAMMAD MUNIR KHAN, J---This petition is directed against the order of High Court of Sindh, Karachi dated 7-3-1994 whereby the second appeal filed by the petitioners against the judgment and decree of the learned Additional District Judge, Karachi (West) dated 8-11-1992, was dismissed. 2. On 18-4-1990, Mst. Razia Sultana/respondent, filed a suit…

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