27/2019 R.A (Civil Revision) Mst. Muneera Khatoon D/o Late Maulana Abdul Quddus (Applicant) V/S City District Government Karachi (CDGK) and others (Respondent)

27/2019 R.A (Civil Revision) Mst. Muneera Khatoon D/o Late Maulana Abdul Quddus (Applicant) V/S City District Government Karachi (CDGK) and others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 18-MAY-20

Civil Procedure Code (V of 1908)--- ----Ss.96, 115 & O.I, R.10---Appeal or revision on behalf of a party having no grievance against dismissal of suit---Maintainability---Applicant was impleaded in the suit under O.I, R.10, C.P.C., but she neither filed written statement nor appeared in the witness box---Suit was dismissed on merits against which no appeal had been filed on behalf of plaintiff---Validity---Defendants were not supposed to have any grievance against the dismissal of suit unless they had raised a counter claim in their written statement against the plaintiff which had also been dismissed or not decided by the Trial Court---No adverse observations had been passed against the applicant in the case---If applicant wanted the suit to be decreed then she should have either filed a separate suit or should have paid court fee to become co-plaintiff provided she had any claim in the suit property to be adjudicated in her favour---Applicant, after having been impleaded as defendant had not filed written statement nor she had appeared in the witness box---Suit had been dismissed on merits against which no appeal had been filed on behalf of plaintiff---Present suit could not be decreed against main contesting defendants on appeal by one of the defendants who had not filed even written statement in the Trial Court---Applicant was not aggrieved person in consequence of impugned judgment---Revision as well as appeal pending before Appellate Court filed by the applicant were not maintainable, which were dismissed with cost, in circumstances. H.M Yahya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65; Syed Musarat Hussain Zaidi and another v. Syed Salim Jawaid Zaidi and another PLD 1983 Kar. 548; Habibullah v. Zakir Ali and another PLD 2000 Kar. 238 and Mst. Arfa Arif v. Mst. Kulsoom Naqvi PLD 2000 Kar. 31 rel.