1989SCMR313 (PLP)
GHULAM FARID and another Petitioners Versus GHULAM MUHAMMAD and others Respondents
| Citation | 1989SCMR313 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | GHULAM FARID and another Petitioners Versus GHULAM MUHAMMAD and others Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1989SCMR313 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR313 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR313 (PLP) (GHULAM FARID and another Petitioners Versus GHULAM MUHAMMAD and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Ahmad, Advocate Supreme Court (absent) and Tanvir Ahmad Sheikh, Advocate-on-Record for Petitioners.
- Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- Date of hearing: 2nd August, 1988.
- Munir Ahmad, Advocate Supreme Court (absent) and Tanvir Ahmad Sheikh, Advocate‑on‑Record for Petitioners.
- Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the judgment and order dated 3-5-1982 of the Lahore High Court, Multan Bench in Civil Revision No. 231/D/82).
0. XLI, R. 3--Petition for leave to appeal--Petitioner/defendant filed appeal against decree passed in favour of respondent/plaintiff--Petitioner by mistake impleaded a deceased respondent though his legal representative had already been brought on record of lower Court--Petitioner sought to correct record of appeal but his request was denied by Court below--Leave to appeal granted to examine contention that appeal of petitioner before Court below could neither be dismissed on ground of his failure to implead necessary parties nor could it be dismissed as barred by time for failure to implead such a party within time of limitation.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑The defendants' side in a suit for possession have sought leave to appeal against the dismissal of their civil revision. The respondents/plaintiffs' suit was decreed. The petitioners filed an appeal; but, through mistake impleaded a deceased respondent, though his legal representatives had already been brought on the record of the lower Court. The petitioners sought to correct the record of appeal. Their request was denied and appeal dismissed. Their civil revision also met the same fate. They have now sought leave to appeal. Learned counsel for the petitioners relying on Muhammad Sher v. Muhammad Khan, PLD 1975 Lahore 1076 and Abdus Sattar v. Muhammad Bakhsh, PLD 1978 Lahore 1043, contended that in the circumstances of this case, the petitioners' appeal could neither be dismissed on ground of failure to implead necessary parties nor could it be dismissed as time‑barred, for failure to implead such a party within the time of limitation. This and other questions raised in this petition require examination. Leave to appeal, accordingly, is granted. Security Rs. 5,
000. Appeal shall be prepared on the present record with direction to the parties to file all necessary documents. M.Y.H./G‑137/S Leave granted.