| Case ID |
003f905d-740a-4a9c-8028-200c76d83805 |
| Body |
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| Case Number |
Suit No. 1593 of 2012 and Suit No. 1934 of 2014 |
| Decision Date |
May 17, 2018 |
| Hearing Date |
Mar 21, 2018 |
| Decision |
The court ruled on the impleadment of intervenors in the suits filed by Nazar Gul against Maymar Housing Service. It was determined that the intervenors, who claimed to have allotments in the Suit Plot, were not necessary parties to Suit No. 1593/2012. The court emphasized that the intervenors must seek independent remedies for their allotment letters, as their presence would not affect the effective adjudication of the case. However, in Suit No. 1934/2014, the intervenors were allowed to join as defendants due to their claims related to the financial transactions involving Nazar Gul. The court maintained that the intervenors cannot agitate specific performance of their allotments within the context of Suit No. 1934/2014. The final decision emphasized the importance of distinguishing between necessary and proper parties under the Civil Procedure Code. |
| Summary |
This case involves two suits, Suit No. 1593 of 2012 and Suit No. 1934 of 2014, concerning property rights related to a Suit Plot owned by Maymar Housing Service. Nazar Gul, the petitioner, sought specific performance of a Sale Agreement and contested the actions of Maymar regarding third-party allotments. The court addressed the complexities of necessary and proper parties under the Civil Procedure Code (CPC), particularly focusing on the implications of impleading intervenors who claimed rights over the Suit Plot. The ruling clarified that while the intervenors could not be added as necessary parties in Suit No. 1593/2012, they were allowed in Suit No. 1934/2014 due to the financial implications of their allotments. The judgment highlighted the significance of judicial discretion in determining party involvement in civil proceedings, ensuring that the court's decisions remain focused on the parties directly involved in the disputes at hand. |
| Court |
Sindh High Court
|
| Entities Involved |
Maymar Housing Service (Pvt.) Ltd.,
Nazar Gul
|
| Judges |
ADNAN IQBAL CHAUDHRY, JUSTICE
|
| Lawyers |
Abid S. Zuberi,
Saad Saeed,
Athar Ali Memon,
Muhammad Ashraf Khan Mughal
|
| Petitioners |
Nazar Gul
|
| Respondents |
4 OTHERS,
MAYMAR HOUSING SERVICE (PVT.) LTD.
|
| Citations |
2019 SLD 604 = 2019 MLD 212
|
| Other Citations |
Uzin Export Import Enterprises for Foreign Trade v. Union Bank of Middle East Ltd. PLD 1994 SC 95,
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463,
Pakistan Banking Council v. Ali Mohtaram Naqvi 1985 SCMR 714,
Mst. Rani v. Mst. Razia Sultana 1994 SCMR 2268,
Ghulam Ahmad Chaudhry v. Akbar Hussain PLD 2002 SC 615,
Muhammad Arif v. District and Sessions Judge, Sialkot 2011 SCMR 1591
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.I,R.10,
O.I,R.10(2)
|