Suit for declaration application for removing parties dismissed

Citation Name : 2010 SCMR 1210 SUPREME-COURT

Side Appellant : BASHARAT ALI

Side Opponent : MUHAMMAD ANWAR

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 judgment 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–- Read more…