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Miscellaneous Civil Appeal No. 5 of 1979, decided on 1st November 1980.
O. I, r. 10 (2) read with S. 107(2)‑‑Impleading of new party Appellate Court empowered to implead a new party provided there is no introduction of entirely new cause of action.‑[Cause of action].
O. XX, r. 18 read with O. 1, r. 10 (2)‑Suit for partition‑ Impleading of parties‑Court, in a suit for partition, can and ought to invoke its power under O. 1, r. 10 and allow necessary parties to be added to enable it to effectually and completely adjudicate upon and settle all questions involved in suit‑‑Appellate Court can order joinder of necessary parties suo motu.‑[Partition].
A suit for partition has some distinct features, In such a suit every Co- sharer whether he is included in the category of plaintiffs or defendants, stands in the position of a plaintiff, and the ends of justice demand that in a suit for partition, the Court can and ought to involve its power under Order I, rule 10 of Civil Procedure Code, and allow the necessary parties to be added so as to enable the Court to effectually and completely adjudicate upon and settle all the questions involved in the suit.
The appellate Court could order the joinder of necessary parties suo mote without any application of either party.
Noor Muhammad arid others v. Zainual .4bedin and others A I R 1940 All. 399 ; Qadir Sakhsh v. .Member, Board of Revenue (Consolidation), Punjab P L D 1973 Note 13 at p. 22 and Fazlur Rehman v. Syed Ali P L I.b 1967 Dacca 809 ref.
Abdul Rahim Kazi for Appellants.
Abdul Qadir Halepota for Respondents.
Dates of hearing : 25th October and 1st November 1980.
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