BANKERS EQUITY LIMITED vs GALADARI CEMENT (GULF) LIMITED S — 2023 CLD 253 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLD 253 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLD
Parties: BANKERS EQUITY LIMITED vs GALADARI CEMENT (GULF) LIMITED S
Subject matter: Civil
Provisions referred to: S. 9---C; Civil Procedure Code (V of 1908)

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

BANKERS EQUITY LIMITED VS GALADARI CEMENT (GULF) LIMITED S. 9---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for recovery of Bank loan---Necessary and proper party---Scope---Suit filed by plaintiff/Bank was pending and applicant/intervener was another Bank who filed application to be impleaded as plaintiff as necessary and proper party having pari passu charge over the properties---Validity---Presence of applicant intervener was neither beneficial, nor necessary, as it was the parties to suit which could assist the Court in reaching to a conclusion for an effective decree, considering claim of plaintiff and defendant, likely to be passed in proceedings---Provision of O. I, R. 10, C.P.C. essentially sought to adjudged claim of an individual or entity as to be one whose presence before Court was necessary in order to enable the Court to effectually and competently achieve upon and settle all questions involved in the suit---Plaintiff/Bank and applicant/intervener could have been sailing in the same boat in the sense that they had respective claims for the recovery against defendants based on their respective share/bite/pari passu charge, over the properties but those independent claims could not become a claim in the suit in question---High Court declined to implead applicant/intervener as party to proceedings---Application was dismissed in circumstances.

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