SAIN MUHAMMAD vs MUHAMMAD ASLAM O — 2021 YLR 924 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 924 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SAIN MUHAMMAD vs MUHAMMAD ASLAM O
Subject matter: Civil
Provisions referred to: S. 12

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIN MUHAMMAD VS MUHAMMAD ASLAM O. I, R. 9 & S. 12(2)---Mis-joinder or non-joinder of the necessary party---Scope and effect---Fraud or misrepresen-tation---Appellants/plaintiffs did not implead the respondent/co-sharer (applicant under S.12(2), C.P.C.) in the suit and obtained the decree in their favour---Held, that joinder or misjoinder of necessary party was to be determined on the basis of allegation contained in the plaint and the relief sought from the Court on the basis of such allegations---Non-impleading of necessary party, in whose absence effective decree could not be passed, was fatal and such decree was liable to be set-aside---Respondent (applicant under S.12(2), C.P.C., was, admittedly, recorded as one of the owners-in-possession in the suit-property, who had claimed interest in respect of land in his possession on the basis of the said revenue record---Presence of the respondent was necessary for the adjudication of the suit instituted by the appellants/plaintiffs---Decree, in the present case, apparently had been obtained by mis-representation and practicing fraud, which (decree) was liable to be set aside---Appeal was dismissed, in circumstances.

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