| Case ID |
374ef7fc-af61-4e0b-b411-0ca5e913b797 |
| Body |
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| Case Number |
Civil Appeal No. 587-K of 1990 |
| Decision Date |
Sep 02, 1993 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the court found that the addition of respondent No. 2 was justified. The court ruled that the presence of respondent No. 2 was necessary to effectually adjudicate upon the matter concerning the bank guarantees. The court reiterated that the joinder rule allows for the inclusion of necessary and proper parties to prevent multiplicity of proceedings. The learned judges concluded that the trial judge's decision to allow respondent No. 2 to be added as a defendant was correct, as the dispute regarding the guarantees required all relevant parties to be present for a complete resolution. |
| Summary |
The case revolves around the principles of joinder of parties under the Civil Procedure Code (V of 1908), particularly focusing on Order I, Rule 10(2). The Supreme Court of Pakistan analyzed whether the High Court correctly permitted the addition of a party (respondent No. 2) to a suit concerning bank guarantees. The case highlights the importance of having all necessary parties involved to ensure an effective resolution of disputes. The court's decision emphasized the need for judicial discretion in determining party joinder, ensuring that the presence of all parties facilitates the adjudication process. The ruling serves as a significant reference for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Uzinexport Import Enterprises for Foreign Trade, Karachi,
Union Bank of Middle East Ltd., Karachi
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHARY,
SAEED UZZAMAN SIDDIQUI
|
| Lawyers |
Qamar Islam Abbas, Advocate Supreme Court,
M. Shabbir Ghaury, Advocate-on-Record,
A.H. Mirza, Advocate Supreme Court,
Yousuf Rafi, Advocate-on-Record (absent),
Kamal Azfar, Advocate Supreme Court,
Mrs. Majida Razvi, Advocate-on-Record
|
| Petitioners |
Uzinexport Import Enterprises for Foreign Trade, Karachi
|
| Respondents |
,
Union Bank of Middle East Ltd., Karachi
|
| Citations |
1994 SLD 353,
1994 PLD 95
|
| Other Citations |
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463,
Pakistan Banking Council and another v. Ali Mohtaram Naqvi and others 1985 SCMR 714,
Razia Begum v. Anwar Begum AIR 1958 SC 886
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.I, R.10(2),
Art.185(3)
|