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Civil Miscellaneous Appeal No. 1221 of 1986 in Revision Application No.167 of 1985, decided on 3rd November, 1986.
‑‑‑O. XXII, R. 12‑‑Bar of applicability to execution proceedings whether also applicable to appeals from such proceedings‑‑Bar under R.12 of O.XXII C.P.C. applicable to execution proceedings, held, would also be applicable to appeals from such execution proceedings.
P L D 1973 Lah. 695 ref.
Abdul Majid Khan for Applicant.
Muhammad Siddiq Mazhari for Respondent No.l.
The applicant has sought to implead the legal heirs of respondent No.l in this Civil Revision. Mr. Siddiq Mazhari has contended for the L/Rs of respondent No.l that since this matter arises out of execution proceedings, therefore, the present application is not competent in view of rule 12 of Order XXII, C.P.C. The said provision reads as under:‑--
Rules 3, 4 and 8 shall apply to the proceedings in execution of a decree or order."
Mr. Abdul Majid Khan has relied upon P L D 1973 Lah. 695 where one of the Honourable Judges of the said Court held that the bar of Rule 12 of Order XXII was in respect of execution proceedings only and not in respect of appeals arising out of the said execution. However, it is well‑known that an appeal is continuation of the same proceedings and, therefore, if the Bar is applicable to execution proceedings then the same should be also applicable to the appeals from the execution proceedings. In any case the present applicant will not be prejudiced if the only legal heir of respondent No.l namely, Noor Ahmed is not joined as a party. It is Noor Ahmed and his co‑heirs who would be affected by the eventual order passed in this Revision Application and if they do not want to be joined as party then the present applicant cannot be said to be guilty of not having made addition of a party.
In, these circumstances, this application is dismissed. The matter may now be put up for regular hearing.
H . B . T . /S‑1 / K Application dismissed.
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