Law:

Section:

----O.I, R. 10---Non-joinder of necessary party---Defendant raised preliminary objection in his written statement regarding non joinder of necessary party and a specific issue was framed in this behalf---After close of plaintiff's evidence and examination of two witnesses of defendant, before closing of his evidence plaintiff filed application for impleadment of his son as necessary party--­Defendant objected to such application as the same had been filed at a belated stage---Defendant had contended that son of the plaintiff was necessary party and in his absence suit was defective but when plaintiff requested for that purpose the same was opposed by defendant only on the ground that that was not made in time---Such objection, held, was not tenable. (b) Civil Procedure Code (V of 1908)--- . ----S. 115---Constitution of Pakistan (1973), Art. 199---Revision--­Constitutional petition---Finding of Court below did not suffer from any jurisdictional defect as described in S. 115, C.P.C. and discretion exercised by it was neither arbitrary nor perverse ---Constitutional petition being mis-conceived, was dismissed in circumstances. ORDER MALIK HAMID SAEED, J.---This writ petition is directed against the judgment and order dated 10-4-1997 of the learned Additional District Judge, Lakki vide which revision petition of the petitioner against the judgment and order dated 6-11-1996 of the learned Civil Judge, Lakki was accepted. 2. Facts of the case, briefly stated, are that respondent No. l herein had filed a pre-emption suit in the Court of Civil Judge, Lakki where while filing written statement, a preliminary objection regarding non joinder of necessary party was raised. 3. After close of the plaintiff's evidence, the defendant got examined two witnesses and his evidence was not yet closed when, on 17-7-1996, he filed an application for impleadment of…

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