Contrary to the submissions of learned
counsel for the petitioners, learned counsel representing the
“respondent” submitted that services of the petitioners were
hired by “CAA” prior to entering into agreement with the
“respondent”. He added that the petitioners may not be a
direct subject to the cause asserted in the plaint but they are
not alien to the matter in issue. Learned counsel
emphatically argued that the cause of action rests upon
IPCs, which make the petitioners as necessary and proper
party to the suit. It is contended that power to add or strike
out rests with the Court and the learned Civil Judge has
rightly exercised such power. Learned counsel further
contended that impugned order suffers with no illegality or
material irregularity justifying interference in revisional
jurisdiction. Reliance has been placed on “ALI S. HABIB and
others v. Dr. SHER AFGAN KHAN NIAZI and others” (2004
SCMR 1627), “MUHAMMAD IMRAN v. PRESIDENT KASB
BANK LTD. and another” (2014 CLC 561) and “EJAZ INAYAT
v. Rt. Rev. Dr. A. J MALIK and others” (PLD 2009 Lahore 57).
Used in Judgment of
Lahore High Court
Civil Revision-Civil Revision (Against Interim Order) u/s. 115, C.P.C.
293-I-14

0 Comments