Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R.10---Necessary party---Petitioner/plaintiff on the basis of sale agreement executed an agreement to sell suit property, in favour of another person ---Petitioner/pliantiff could not be the owner of the suit property till such time a registered sale-deed was executed in his favour, to convey title---Trial Court had impleaded other person as a necessary party to the suit with whom the petitioner/plaintiff had entered into an agreement to sell---Validity---Mere execution of agreement of sale in favour of petitioner/plaintiff, filing of suit by him for the enforcement of agreement and even passing of decree in his favour would not make him owner of suit property ---Impleadment of a person with whom petitioner (plaintiff) had further entered into agreement of sale of the same property. was bound to result in multifariousness for which there was no warrant under 0.1, R.10, C.P.C.---Order directing impleadment of such other person in the suit for specific performance of the petitioner/plaintiff, was violative of law and without jurisdiction---Order of Trial Court was set aside in circumstances. Muhammad Ishaq v. Muhammad Siddiq PLD 1975 Lah. 909 rel. (b) Civil Procedure Code (V of 1908)--- ----O. 1. R.10---Expression "questions involved in the suit" occurring in 0.1, R.10, C.P.C.---Connotation---Expression includes only the questions arising between the plaintiffs and the defendants in suit---Such questions, which are not between the plaintiffs and the defendants, would not be deemed to be questions involved in the suit. Mst. Hamida Fida Hussain Khoja and another v. Mst. Anees Iqbal 1986 MLD 443 and Mukhi Jeramdas Jethanand and others v. Tikamal Mulchand and another AIR 1935 Sindh 194 ref. JUDGMENT This judgment proposes to decide Civil Revision No.1952 of 1998, which brings under challenge order, dated 16-9-1998 of the learned Civil Judge, Lahore. 2. Petitioner filed a suit for specific performance to enforce agreement of sale, dated 7-8-1997, in regard to House No.ll, Humza Block, maintaining that respondent No. l had agreed to sell the house in his favour for Rs.76,50,000 and received Rs.45,00,000 as earnest money…

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