Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, Rr.9 & 1.0---Necessary party, impleading of---Suo motu powers of Trial Court---Suit was dismissed by Trial Court for not impleading a necessary party---Validity---Courts had ample power to suo motu implead/add a party, whose presence was necessary to effectually and completely adjudicate upon all the questions involved in the suit---Trial Court was under obligation that once it had come to the conclusion that the person was a necessary party, then the Court should have itself' impleaded that person in the suit instead of short cutting the matter by dismissing the suit---Judgment and decree passed by Trial Court was set aside and the matter was remanded to Trial Court for decision afresh---Appeal was allowed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. I, R.10 & O.XLI, R.33---Impleading of necessary party---Appellate Court, jurisdiction of---Suit was dismissed by Trial Court for the reason that person necessary to the decision of the case-was not impleaded---Plaintiff along with appeal filed application for impleading the necessary person as party---Validity---Appeal was continuation of suit and Appellate Court, in exercise of its powers under O.XLI, R.33, C.P.C. could pass any order which ought to have been passed or made as the case might have required---Once. the Appellate Court had come to the. conclusion that a person was "a necessary party, then the Judge ought to pass order directing such person to join as a party---High Court, in exercise; of appellate jurisdiction, set aside the and decree passed by Trial Court, as the Court had fallen into a legal error in dismissing the suit---Matter was remanded to Trial Court for decision afresh after impleading the necessary person as party to the suit---Appeal was allowed accordingly. Muhammad Anwar Naseem v. Commissioner of Income Tax, Gujranwala and another 1998 SCMR 2020; Chiraghuddin v. Muhammad Ibrahim and others 1995 CLC 1632; Messrs Ideal Life Insurance Co. Ltd and another v. Mst.' Khairunnisa A.G. Mirza 1980 CLC 1375; Muhammad Ashraf v. Ghulam Nabi and others 1981 CLC 817; University of the Punjab through Vice-Chancellor and…

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