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Civil Procedure Code (V of 1908)-------O. I, R.1----Parties to suit---All persons could be joined in one suit against whom any right or relief in respect of or arising out of same act or transaction or series of acts or transactions was alleged to exist. Saalim Salam Ansari and Mukhtair Ahmed Kober for Appellant. Syed Salnmuddin Nasir for Respondent No.1 Nei-no. for Respondent No.2. Date of hearing; 20th September, 2005. ORDER MUSHIR ALAM, J.--- The order, dated 8-4-2004 on application under section 12(2), C.P.C. has been impugned by the appellant Pakland Cement Ltd. It appears that, the respondent No.1 filed a suit against Director, Finance, Pakland Company Ltd. It appears that the suit was decreed vide judgment, dated 15-10-1998. Execution was filed being No.43 of 1999 that led the appellant to approach the Court for setting aside of the judgment and decree obtained behind their back. It was contended by Mr. Saalini Salam Ansari learned counsel for the appellant that appellant is a public limited company, owns its independent legal entity as opposed to its distinctive share-holder and Directors. It was contented that even the defendant was sued without naming any person and blanket judgment and decree was obtained, which clearly amounts to misrepresentation and fraud not only upon the Court but also to the appellant, who was never a party before the Court. When Mr. Salimuddin Nasir was confronted to the above position it was contended that Corporate Charge Card was issued on the guarantee of the Pakland Cement Ltd., to its Corporate Director whosoever it may be and the Company is bound to honour such liability incurred. From the record that has been placed on record it appears that "Corporate Charge Card" in fact was issued to be used by Corporate Director one Yazdi, J. Mehta who was Finance Manager, who utilized it as apparent from the statement of accounts and even the legal notice has been issued to Mr. Yazdi J. Mehta on 21-7-1998 calling upon him to reimburse the liability followed by this suit. Nowhere from the pleading it appears that the…

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