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LAHORE CANTT. COOPERATIVE HOUSING SOCIETY LTD. THROUGH SECRETARY versus MUHAMMAD ANWAR


OI, R 10 Specific Relief Act (I of 1877), Section 42 The essential party should have enforced the necessary party, because in its absence no effective order could be passed. Can join the party. Implementation of suit land transfers All necessary parties should be included in this suit, and if they are excluded, the suit for non-participation of the required parties is bad and in such cases no effective order can be passed. The record shows that several persons were transferred to the suit before the Institutional Suit Court by transfer of land, therefore, using their duty under the provisions of I, R 10, to the CPC. The plaintiff should have been instructed to join the aforementioned transfer as a party, nevertheless, there was an objection. Raised by the defendant or especially when the defendant notified the court that a portion of the suit property had been transferred to the different appointees of the transfer, mainly affected by the decree passed in favor of the plaintiff. In the absence of the required party, the order passed could not be maintained, the matter was remanded for further judgment.

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