Law: Civil Procedure Code (V of 1908)

Section: 79

Civil Procedure Code (V of 1908)--- ----S. 79---Suit against the Government---Counsel for defendants had contended that suit was filed by the plaintiff against the defendants, who were government functionaries; and that it was duty of the plaintiff to join Federal Government as well Central Board of Revenue as defendant in the suit and that both the courts below had ignored that fact---Counsel had stated that the suit by the original court should not have been entertained and decree passed without joining the Federal Government as party was of no consequence---Validity---Contentions raised by the counsel for defendants needed consideration---Revision application was admitted to regular hearing---Execution proceedings were stayed. THIS ORDER PASSED BY: KH. NAVEED AHMED, J.--- Granted. 2. Granted subject to all just exceptions. 3 & 4. The learned counsel has contended that the suit was filed by Messrs Nadeem Enterprises against the applicants, who are Government functionaries. He states that it was duty of the plaintiff to join Federal Government as well as the Central Board of Revenue as defendants in the suit. He states that both the courts below have ignored this fact. In the original suit Federal Government officials were sued in…

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