The applicant challenged the appellate court's interim order in order to arrest a person as a pro forma defendant in the pending case of OI, R10 Constitution Pakistan (1973), Article 199 Constitution Petition. Respondent's request for review was approved and the defendant was ordered to come in line as Pro-Pharma defendant in the pending case. The surveyor was not and the appellate court was allowed to appear on the panel of the defendants as the defendants. There was no sound. The legal rules of the OI, R10, CPC were inherently arbitrary and the court could add any party at any time, if necessary, to make an effective and conclusive decision between the parties. And to avoid litigation, the petitioner's lawyer acknowledged such a legal aspect of the case and said that if the High Court must enforce the defendant and amend the order made by the defendant. He will be satisfied that the order of the appellate court was amended to the extent that the defendant must be presented as a party to the defendant's panel for the pending trial in the court.
Related judgments — Peshawar High Court NWFP, 2009
