76/2015 Civil Revision Fozia Rahat (Applicant) V/S Masood Ahmed & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 10-JAN-19
(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & O. XLI, R. 20 & S. 96---Suit for declaration---Appeal---Impleadment of party as co-appellant---Amendment of appeal---Effect---Applicants filed application for impleadment in the appeal which application was accepted and they were impleaded as co-appellants---Validity---Party could be impleaded at any stage even in appeal as appeal was continuation of suit---Applicants could be impleaded in appeal if they had bona fide interest in the result of appeal---Applicants were to be allowed to join as respondents in the appeal and not as appellants---If applicants were aggrieved by the order impugned in appeal then they could file an appeal even if they were not party to the suit subject to law of limitation---Applicants, in the present case, were not necessary party in whose absence an effective judgment in appeal could not be delivered by the Appellate Court---Neither there was any order to amend the appeal by the newly added co-appellants nor an appeal could be amended suo motu or at the will of appellants---Amended appeal was to be considered from the date of its presentation---Decree impugned in the appeal was not even binding on the applicants as they were not party to the suit---High Court observed that purpose for filing of application for impleadment was to delay the decision of appeal on merits---Impugned order passed by the Appellate Court was set aside---Appellate Court was directed to decide the appeal on merits within one month---Revision was allowed, in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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