Law: Constitution of Pakistan, 1973

Section: 225,199,127,69(2)

Law: Civil Procedure Code (V of 1908)

Section: OrderI,rule10,10(2)

Law: Representation of the People Act, 1976

Section: 14,14(5),54

(a) Civil Procedure Code (V of 1908)--- ----O. I, R.10(2)---Impleading of necessary and proper party in proceedings---Principles. Under Order I, rule 10(2), C.P.C. the court may at any stage of the proceedings order that the name of any person, who ought to have been joined, whether as plaintiff or defendant or whose presence before the court may be necessary in order to enable the court to effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. A party can be impleaded only if he is necessary or proper party. A necessary party is one without whom no order can be made effectively, while the proper party is one in whose absence an effective order can be made, but whose presence is necessary for a complete and final decision of the question involved in the proceedings. A person is a necessary to a lis, if he has such an interest in the matter in controversy that it cannot be determined without either affecting that interest or leaving the interest of those who are before court in a situation that may be embarrassing and inconsistent with equity. A person having rights; which must be affected by the final order or the decree can be dispensed with. In general sense, every decision of the court on a point of law is likely to affect every one in whose case a similar point of law ,arises, but this does not give every person a right to intervene in every proceedings before the court merely because it is likely to affect him in some future proceedings. The principle of Order I, Rule 10, C.P.C. clearly spells out the conditions upon the fulfilment of which a party can be impleaded. An applicant for impleadment as respondent has to satisfy the court that his impleadment is necessary for an effective and complete adjudication of all questions involved in the case. Persons who are indirectly or remotely interested are not necessary or proper parties. Bashir Ahmad and others v. Ghulam Ali and others 1991 SCMR 1656; Metropolitan Corporation of Lahore through Administrator v. Syed Bhais (Pvt.) Limited through Managing Director and 5 others 2004 MLD 1395; Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463; Muhammad…

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