Determination---
New cause of action , adding of---
Applicant sought impleading of his name as defendant on the plea that he was a necessary party , as he purchased suit property from one defendant through another --- Validity --- Applicant did not claim any grievance against plaintiff nor the plaintiff had any concern with the applicant --- If applicant had any cause of action against two defendants he could file a separate suit against them , rather he would be impleaded as a party in such suit --- No person could be permitted to become a party to a suit , who has his own cause of action against the party/parties of the suit , wherein he wants to be impleaded as a party , and in case if he is allowed to become a party that would amount to adding a new cause of action in the suit --- Plaintiff was a "Dominus Litis" and ordinarily no person should be added as party against his wishes --- High Court declined to allow impleading of applicant as the suit was at advanced stage and joining of proceedings by applicant would amount to unnecessary prejudice and would embarrass the plaintiff.
Suit No. 109 of 2018
Mrs. ANITA NALINI DASS versus MUHAMMAD JUMMAN and 5 others
PLD 2024 Sindh 43
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