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–
-
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