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Civil Appeal No. 40 of 1980, decided on 28th February, 1981.

------------O. XLI, r. 20‑Appeal‑.Impleading of a party‑Rule that a party not impleaded in appeal within period of limitation can never be deemed an interested party in result of appeal‑‑Not a rigid rule‑‑Legis lature enacting O. XLI, r. 20, C. P. C., hold, intended to empower Court to allow a party to be added to an appeal already filed where such omission caused by a bona fide mistake or on account of no mistake of party seeking addition of party.‑[Appeal (civil)‑Interpre tation of statutes].

P L D 1959 Dacca 693 ; P L D 1967 S C 426 ; P L D 1963 S C 244 ; PLD1951 BJI; PLD1964SC559; PLD1968 Kar. 47; PLD1975 Lah. 580 ; AIR 1944 Lah. 76 ;AIR 1927 PC252 ; A I R 1959 Pb. 277 ; A I R 1958 Andh. Pra. 743 ; A I R 1937 Mad. 741 and A I R 1937 Born: 401 ref.

----O. XLI, r. 20‑Appeal‑Impleading of a party‑Purpose of enacting O. XLI, r. 20, C. P. C.‑More or less same as purpose of investing Court with powers to condone delay under S. 5, Limitation Act, 1908.‑[Appeal (civil}‑Interpretation of statutes].

--------O. XLI, r. 20‑Appeal‑‑Impleading of a party‑By enacting O. XLI, r. 20, C. P. C., intention of Legislature appears to be that Court should exercise powers qua parties whose presence actually necessary as opposed to those whose presence not necessary‑Power has been left to discretion of Court to pass order in each case taking into consideration cause for omission to implead party at time of filing appeal.‑[Appeal (civil)‑‑Interpretation of statutes].

-----O. XLI, r. 20‑Appeal‑Impleading a party‑Court, held, can exercise powers to pass order to implead a party at instance of a party if addition of such party is necessitated by circumstances of case. [Appeal (civil)].

Sardar Rafique Mahmood Khan, Addl. A.‑G. for Appellants.

Non Applicant in person.

Date of institution : 23rd October, 1980.

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