Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R. 10(2)---Addition of a party in suit by Court---Guiding principles stated. Any person who ought to have been joined or whose presence before Court is essential to enable it to effectually and completely adjudicate upon and settle all the questions involved in suit, may be added by Court at any stage of proceedings. The requirement of addition of a party is that his presence should be necessary to completely and effectually determine judicially all the questions involved in suit; meaning thereby that if such person is not joined in the proceedings, the Court would not be able to completely and effectually determine the rights of parties and settle all the issues involved in the legal proceeding. The provision does not mean that any person, who has any distant or indirect relationship or connection with either the plaintiff or defendant ought to be joined as a party to the proceedings. It means that the person must be directly and substantially connected with the issues, which have to be adjudicated by the Court. A remote connection with the issue or party would not, make that person a necessary party without whose presence the issue cannot be adjudicated and settled. (b) Specific Relief Act (I of 1877)--- ---Ss. 42 & 54---Civil Procedure Code (V of 1908), O. I, R. 10(2)---Suit for declaration, injunction and damages---Joining of applicant as defendant in suit---Plaintiff (contractor) filed suit against defendant (Karachi Port Trust) seeking declaration that encashment of Bank guarantee and termination of contract by defendant was without lawful authority, and a permanent injunction restraining defendant from awarding dredging contract to any one else, and in alternative claimed damages---Applicant's claim as asserted in application under O.I. 10. C.P.C. for recovery of certain amount from plaintiff as costs of mobilization charges of dredger---Applicant's claim appeared to be for breach of some contract entered into with plaintiff, which was an independent dispute between them---Such dispute of applicant with plaintiff had no bearing on dispute of plaintiff with defendant---Relief claimed in suit did not…

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