FAIZ MUHAMMAD vs SAEED S — 2026 MLD 892 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 892 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: FAIZ MUHAMMAD vs SAEED S
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

FAIZ MUHAMMAD VS SAEED S.12(2)---Necessary parties, non-impleading of---Fraud and misrepresentation---Scope---Petitioners, who were principals of power of attorney, filed application under S.12(2), C.P.C. for setting aside judgment and decree alleging fraud and misrepresentation---Trial Court directed re-registration of case and filing of amended suit after impleading petitioners, however, Appellate Court set aside such order---Validity---Record showed that petitioners were parties in earlier round of litigation and were named as contesting parties in proceedings conducted on basis of power of attorney---However, in subsequently instituted suit after withdrawal of earlier suit, attorneys excluded names of petitioners and obtained decree in their favour---Petitioners claimed that decree was result of fraud and misrepresentation as they were necessary shareholders in ancestral property---Held: Attorneys could not exclude names of principals having interest in property without lawful justification---Any effective decree regarding ancestral property could not be passed without impleading all necessary shareholders---Non-joinder of necessary parties would affect validity of decree and create complications at execution stage---Trial Court rightly appreciated legal position while setting aside proceedings, whereas Appellate Court wrongly interfered---High Court set aside order of Appellate Court and directed Trial Court to proceed after impleading necessary parties---Revision was accepted accordingly.

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