1981 PLP 1143 (CLC)
KASHMIR AND ANOTHER‑Appellants Versus COMMISSIONER, WORKMEN'S COMPENSATION,
| Citation | 1981 PLP 1143 (CLC) |
| Forum / Court | Azad J & K |
| Bench Members | N/A |
| Parties | KASHMIR AND ANOTHER‑Appellants Versus COMMISSIONER, WORKMEN'S COMPENSATION, |
| Primary Law | (d) Civil Procedure Code (V of 1908)‑, (c) Civil Procedure Code (V of 1908)‑, (b) Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1143 (CLC)?
This judgment primarily cites: (d) Civil Procedure Code (V of 1908)‑, (c) Civil Procedure Code (V of 1908)‑, (b) Civil Procedure Code (V of 1908)‑, (a) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1143 (CLC)?
The case was heard and decided by the Azad J & K bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1143 (CLC) (KASHMIR AND ANOTHER‑Appellants Versus COMMISSIONER, WORKMEN'S COMPENSATION,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
O. XLI, r. 20‑Appeal‑.Impleading of a party‑Rule that a party not impleaded in appeal within period of limitation can never be deemed an interested party in result of appeal‑‑Not a rigid rule‑‑Legis lature enacting O. XLI, r. 20, C. P. C., hold, intended to empower Court to allow a party to be added to an appeal already filed where such omission caused by a bona fide mistake or on account of no mistake of party seeking addition of party.‑[Appeal (civil)‑Interpre tation of statutes].
O. XLI, r. 20‑Appeal‑Impleading of a party‑Purpose of enacting O. XLI, r. 20, C. P. C.‑More or less same as purpose of investing Court with powers to condone delay under S. 5, Limitation Act, 1908.‑[Appeal (civil}‑Interpretation of statutes].
O. XLI, r. 20‑Appeal‑‑Impleading of a party‑By enacting O. XLI, r. 20, C. P. C., intention of Legislature appears to be that Court should exercise powers qua parties whose presence actually necessary as opposed to those whose presence not necessary‑Power has been left to discretion of Court to pass order in each case taking into consideration cause for omission to implead party at time of filing appeal.‑[Appeal (civil)‑‑Interpretation of statutes].
O. XLI, r. 20‑Appeal‑Impleading a party‑Court, held, can exercise powers to pass order to implead a party at instance of a party if addition of such party is necessitated by circumstances of case. [Appeal (civil)].
Judgment & Decree
O. XLI, r. 20‑Appeal‑.Impleading of a party‑Rule that a party not impleaded in appeal within period of limitation can never be deemed an interested party in result of appeal‑‑Not a rigid rule‑‑Legis lature enacting O. XLI, r. 20, C. P. C., hold, intended to empower Court to allow a party to be added to an appeal already filed where such omission caused by a bona fide mistake or on account of no mistake of party seeking addition of party.‑[Appeal (civil)‑Interpre tation of statutes]. P L D 1959 Dacca 693 ; P L D 1967 S C 426 ; P L D 1963 S C 244 ; PLD1951 BJI; PLD1964SC559; PLD1968 Kar. 47; PLD1975 Lah. 580 ; AIR 1944 Lah. 76 ;AIR 1927 PC252 ; A I R 1959 Pb. 277 ; A I R 1958 Andh. Pra. 743 ; A I R 1937 Mad. 741 and A I R 1937 Born: 401 ref. (b) Civil Procedure Code (V of 1908)‑
O. XLI, r. 20‑Appeal‑Impleading of a party‑Purpose of enacting O. XLI, r. 20, C. P. C.‑More or less same as purpose of investing Court with powers to condone delay under S. 5, Limitation Act, 1908.‑[Appeal (civil}‑Interpretation of statutes]. (c) Civil Procedure Code (V of 1908)‑
O. XLI, r. 20‑Appeal‑‑Impleading of a party‑By enacting O. XLI, r. 20, C. P. C., intention of Legislature appears to be that Court should exercise powers qua parties whose presence actually necessary as opposed to those whose presence not necessary‑Power has been left to discretion of Court to pass order in each case taking into consideration cause for omission to implead party at time of filing appeal.‑[Appeal (civil)‑‑Interpretation of statutes]. (d) Civil Procedure Code (V of 1908)‑
O. XLI, r. 20‑Appeal‑Impleading a party‑Court, held, can exercise powers to pass order to implead a party at instance of a party if addition of such party is necessitated by circumstances of case. [Appeal (civil)]. Sardar Rafique Mahmood Khan, Addl. A.‑G. for Appellants. Non Applicant in person. Date of institution : 23rd October, 1980.