Dr. MUHAMMAD AKBAR vs Mst — 2023 MLD 24 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 24 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: Dr. MUHAMMAD AKBAR vs Mst
Subject matter: Civil
Provisions referred to: Civil Procedure Code

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

Dr. MUHAMMAD AKBAR VS Mst. SAFIA KAKAR O. I, Rr. 3, 10(2) & 9---Who may be joined as defendants---Court may strike out or add parties---Misjoinder and non-joinder---Scope---It is for the plaintiffs in a suit to bring the parties against whom they had any dispute and to implead them as defendant in the suit, but the general rule is subject to O. I, R. 10(2) of Civil Procedure Code, which provides about the necessary or proper parties---Person is a necessary party when in his absence relief claimed in the suit cannot be granted or without whom an effective order cannot be passed, whereas proper parties' presence enables the court to finally adjudicate upon the matter involved in the suit---Though O.I,R.9,C.P.C., provides that non-joinder and misjoinder of the parties will not by itself defeat the suit yet where there is absence of a necessary party i.e. the party who ought to have been joined and in whose absence an effective decree cannot be passed, the suit will ultimately fail unless necessary party is impleaded to the suit.

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