ASHIQ MUHAMMAD vs ABDUL MAJEED S — 2022 YLR 650 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 650 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ASHIQ MUHAMMAD vs ABDUL MAJEED S
Subject matter: Civil
Provisions referred to: S. 22---C; S. 22; Civil Procedure Code (V of 1908); Civil Procedure Code; Limitation Act

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

ASHIQ MUHAMMAD VS ABDUL MAJEED S. 22---Civil Procedure Code (V of 1908), O.I, R.10(5)---Pre-emption---Non-impleading one of the vendees/necessary party---Bona fide mistake---Scope---Omission on part of the plaintiff to implead one of the vendees, defendant was impleaded after remand (i.e. in second round of litigation) through amended plaint, as defendant within prescribed period of limitation, did not protect him to give benefit of bona fide mistake---Appellant's suit to the extent of such defendant/vendee was hit by the O.I., R.10(5) of Civil Procedure Code, 1908 read with S.22 of Limitation Act, 1908.

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