Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 187---Supreme Court Rules, 1980, OXXXIII, R.6---Civil Procedure Code (V of 1908), 0.1, R.10---Application for impleading as a party to the appeal and/or substitution in place of appellant---Dispute as to interest in property---Applicant, in order to be joined as a party or to be substituted in place of a party in the proceedings, must show devolution of any right or present interest in the property in dispute---Interest which is contingent on happening of any incident culminates in a present right only on happening, of such event--­Where under the agreement and power of attorney the applicant's right in the property was dependent on the decision in appeal by Supreme Court, necessary condition for making the applicant as a party was lacking as he had no present interest in the disputed property---Merely because applicant was financially interested in the result of litigation, could not afford him a ground to be added as a party. C. Narayanaswami Naidu v. N. Subbaramula Naidu and another AIR 1935 Mad. 394; Moser v. Marsden (1892) 1 Ch D 487 and Mst. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652 rel. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652 distinguished. (b) Civil Procedure Code (V of 1908)-- ----O.I, R.10 & OXXII, R. 10---Allowing any party to be joined or substituted as a party is discretionary with the Court---Such discretion is exercised depending on the facts and circumstances of the case and is guided by the rules of propriety and justice---Where the factum of assignment was disputed and the application for substitution of assignee was alleged to have been made months after the assignment, rejection of application of assignee under O.I, R.10, C.P.C. by Court was proper exercise of discretion. Begum Mehrunnisa v. National Building Industries Ltd., Karachi and 2 others 1972 SCMR 102 and Allah Jawaya and another v. Lajpat Rai and others AIR 1925 Lah. 574 ref. (c) Supreme Court Rules, 1980--- ----O . XV, R. 6---Application for substitution or addition. of party ---Pre­condition. A bare perusal of Order XV, Rule, 6, Supreme Court Rules, 1980, will show that an…

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