Law:

Section:

Specific Relief Act (I of 1877)------S. 42---Civil" Procedure Code (V of 1908), 0.1. R.10 & S.96---Non­impleading of necessary parties---Effect---Necessary parties were not joined. in suits for declaration filed by plaintiffs---Department of Government which was in possession of part of land and had constructed building thereon as also vendees from one of the plaintiffs and legal heirs of deceased claimant were necessary parties---Such persons ought to have been joined as party and in their absence no effective decree 'could be passed---Said persons being necessary parties, suit without impleading them was illegally constituted and could not proceed---High Court, in appeal, had two options before it, first to dismiss such suits as being incompetent and second to remand the same to Trial Court with direction to get impleaded all necessary parties and decide the matter afresh after affording opportunity of hearing to all necessary parties and in consonance with law---High Court following the second option remanded case to Trial Court with direction to give parties opportunity for impleading all necessary parties in suit and for decision afresh---Judgments and decrees impugned in appeal were set aside and case was remanded to Trial Court for proceeding with it in accordance with law. Muhammad Siddique Muhammad Umar v. Australasia Bank Ltd. PLD 1966 SC 684; Iftikhar Hussain Khan of Mamdot v. Ghulam Nabi Corporation Ltd. PLD 1971 SC 550; Haji Sh. Afazl Hussain v. Bhabani Prasad Saha PLD 1963 Dacca 25; Habib Bank Ltd. v. Green Garments Manufacturers PLD 1978 Kar.1027; Group Capt. A.M.. Murad v. Mushtaq Ahmad PLD 1975 Kar. 327; Abdul Salam Oureshi v. Judge, Special Court PLD 1984 Kar. 462; Zamindara Cooperative Society Ltd v. National Bank of Pakistan 1982 CLC 1276; Dumez Boric v. International Forwarders Ltd. NLR 1983 UC 184; Hriday Nath Roy v. Ram Chandra Barna Sarnia AIR .1921 Cal. 34; Conforce Ltd. v. Syed Ali Shah PLD 1977 SC 599; Cawashah Bomanji Parakh v. Prafulla Nath Budra AIR 1941 Nag. 364; Mrs: Sarwar Siddique v. Muhammad Yusuf 1985 CLC 2831; Sahib Noor v. Feroz Khan 1992 MLD 2563; Lal Baz v. Gulab 1989 CLC 8; Hussain Bakhsh v. Settlement Commissioner,…

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