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Petitioner: DIN MUHAMMAD VS Respondent: ABDUR RASHIDHonorable Justice Muhammad Alam KhanKhawaja Nawaz Khan,Muhammad Daud Khan
P L D 2009 Peshawar 59
P L D 2009 Peshawar 59
Before Muhammad Alam Khan and Said Maroof Khan, JJ
DIN MUHAMMAD---Petitioner
Versus
ABDUR RASHID and others---Respondents
Writ Petition No.131 of 2008, decided on 24th October, 2008.
Civil Procedure Code (V of 1908)---
----O. I, R.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Arraying a person as pro forma defendant in a pending suit---Petitioner had challenged interim order of Appellate Court vide which revision petition of respondent against order of the 'Trial Court was accepted and respondent was ordered to be arrayed as pro forma defendant in a pending suit---Contention of the petitioner was that respondent had no concern with the suit filed by the petitioner and Appellate Court was not justified in allowing respondent to be arrayed as pro forma defendant on the panel of defendants---Validity---Provisions of O.I, R.10, C.P.C. were discretionary in nature and the court could at any time, add a party, if his presence was necessary to decide the matter effectively and conclusively between the parties; and to avoid multiplicity of litigation---Counsel for the petitioner had conceded such legal aspect of the case and submitted that if High Court would amend the order by impleading respondent as necessary and contesting defendant, he would be satisfied---Order of Appellate Court was modified by the High Court to the extent that respondent be arrayed as a necessary party on the panel of defendants to suit pending in civil court.
Khawaja Nawaz Khan for Petitioner.
Muhammad Daud Khan for Respondent No.1.
ORDER
MUHAMMAD ALAM KHAN, J.---Din Muhammad petitioner has filed the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 against Abdur Rashid and others challenging an interim order of Additional District Judge-III, D.I. Khan in C.R. No.22/2007 decided on 16-4-2008 vide which the revision petition of respondent No.1 against the order of learned Civil Judge I, D.I. Khan dated 8-11-2007 was accepted and respondent No.1 was ordered to be arrayed as pro forma defendant in a pending Suit No.439/1 of 2003 titled Din Muhammad v. Municipal Committee/TMA etc. in the Court of Civil Judge I, D.I. Khan.
2. It was argued by the learned counsel for the petitioner that respondent No.1 had no concern with the suit filed by the petitioner and the learned revisional Court has fallen into an error in allowing respondent No.1 to be arrayed as pro forma defendant on the panel of defendants. It was also argued that on the basis of alleged agreement dated 18-9-2000 in his favour, the respondent No.1 has filed an independent suit bearing No.67/1 of 2007 which is pending disposal in the civil Court and thus, his right can be determined in a suit which he has independently filed. When questioned on factual and legal side that the provisions of Order I, rule 10, C.P.C. are discretionary in nature and the court can, at any time, add a party if his presence is necessary to decide the matter effectively and conclusively between the parties and to avoid multiplicity of litigation, the learned counsel frankly conceded this legal aspect of the case and submitted that the learned revisional court has arrayed respondent No.1 as pro forma defendant to the Lis. The learned Revisonal Court should have refused to implead him as a party and after all, if he had to be impleaded, he should have been impleaded as necessary party to the litigation. The learned counsel further submitted that if this Court amends the order by impleading respondent No.1 as necessary and contesting defendant, he will be satisfied, to which the learned counsel for respondent No.1 appearing on pre-admission notice, has got no objection.
3. Resultantly, the order of the learned Additional District Judge-III, D.I. Khan dated 16-4-2008 is modified to the extent that Abdur Rashid respondent No.1 be arrayed as a necessary party on the panel of defendants to the civil suit bearing No.439/I pending in the court of Civil Judge-I, D.I. Khan. With this modification, this writ petition is dismissed in limine.
H.R.T./24/P Order accordingly.