Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.115, 151, O.I, R, 10 & O.XLI, Rr.4, 20, 33---Constitution of Pakistan (1973), Art. 185(2)(d)(e)---Suit for declaration ---Prayer in plaint for declaring suit mutation made in favour of defendant by deceased predecessor of plaintiffs to be void, without consideration and ineffective on plaintiffs' right of inheritance---Dismissal of suit by Trial Court---Filing of appeal by seven plaintiffs out of eight plaintiffs---Suit decreed by Appellate Court in terms of such prayer---Filing of revision petition by defendant against seven plaintiffs--- Application by plaintiffs before High Court under O.I, R.19, O. XLI, R. 20 read with S.151, C.P.C. for impleading such eighth plaintiff as party in revision---Plea of defendant that such eighth plaintiff was not necessary party in revision as of Trial Court had become final against him---High Court dismissed such application for being time-barred as well as revision petition without discussing merits of the case---Validity--- Dispute was common as suit mutation was affecting all plaintiffs-- Appellate Court had allowed such prayer in to without any exception, which could be done under O.XLI, Rr.4, 20 & 33, C.P.C., resultantly suit mutation stood cancelled and property reverted back to deceased predecessor and all plaintiffs as his legal heirs inherited same---Such eighth plaintiff had also benefited from decree of Appellate Court and became rightful owner in property to extent of his share due to cancellation of suit mutation---Defendant should have joined such eighth plaintiff as party in revision petition---Defendant due to such bona fide mistake or misunderstanding had not joined such eight plaintiff in revision---Revision could not have been properly and effectively decided in absence of such eighth plaintiff---Provisions of O.XLI, R.20, O.I, R.10 & S.151, C.P.C., for being part of procedural law would be construed liberally in order to advance cause of doing substantial justice instead of gagging cause---Re visional/ Appellate Court by exercising suo motu jurisdiction could accept such time-barred application---Supreme Court…

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