2013 CLC 135

[Lahore]

Before Shujaat Ali Khan, J

MUHAMMAD SHAUKAT and others----Petitioners

Versus

GHULAM MUHAMMAD and others----Respondents

Civil Revision No.304 of 2010/BWP, decided on 12th June, 2012.

(a) Civil Procedure Code (V of 1908)---

----O. I, R. 10---Suit for partition---Necessary party, impleading of ---Scope---Application for

impleading two new plaintiffs (applicants) was allowed by Appellate Court on ground that gift
deed for suit property had been executed in their favour---Validity---Since gift deed was executed
during pendency of suit between parties, the ultimate fate of the gift deed depended upon the final
outcome of the lis between the parties and prior to that, applicants could not claim that they were
necessary parties---Impugned order of Appellate Court was set aside---Revision was allowed, in
circumstances.

Muhammad Yaqoob Khan v. Mst. Sahib Khatoon and others 1998 CLC 1576; Col. (R)
Sadiq Hassan Sheikh v. Abdul Rasheed and another 1993 MLD 486; Rustam Ali and 2 others v.
Haider Bakhsh and another 1988 CLC 779 and Wajed Ali and others v. Sudhir Chandra Das and
others PLD 1970 Dacca 467 ref.

Mst. Taniya Syed v. Sh. Imran Jaleel and others PLD 2011 Lah. 539 rel.

(b) Civil Procedure Code (V of 1908)---

----O. I, R. 10---"Necessary party"---"Proper party"---Distinction---Party whose presence before

the Court was necessary to effectually and completely adjudicate upon and settle all questions
could be termed as a "necessary party", whereas a party whose presence before Court was essential
for adjudication of all issues involved in a suit was called "proper party".

Muhammad Arif and others v. District and Sessions Judge and others 2011 SCMR
1591 rel.

(c) Civil Procedure Code (V of 1908)---

----O. I, R. 10---Non-joinder of necessary parties, objection of---Scope---Objection regarding
non-joinder of necessary party was to be taken at the earliest and if it was not taken at an
appropriate stage, same would be deemed to have been waived.

Muhammad Arif and others v. District and Sessions Judge and others 2011 SCMR
1591 rel.

Mian Ahmad Nadeem Arshad for Petitioners.

Abdul Ghaffar Khan Chughtai for Respondents.