Judicial Discretion under Order I Rule 10 CPC should be exercised Liberally, especially when excluding a Party might lead to Injustice --- Supreme Court of Pakistan Upholds Decision for Impleading Necessary Parties
Islamabad 18-01-2025: The Supreme Court of Pakistan, in a significant judgment, dismissed the Civil Petition for Leave to Appeal [CPLA No. 251-Q of 2024] filed by Abdul Aziz and others, challenging a decision of the High Court of Balochistan in a land dispute. The apex Court reaffirmed the importance of adopting a liberal approach in impleading proper and necessary parties under Order I Rule 10 of the Code of Civil Procedure (CPC), ensuring effective adjudication of disputes.
The matter arose from a dispute over land between the Petitioner and the Respondents, where the Respondents’ land was adjacent to the Petitioner’s property. The trial Court had allowed an application to implead the respondents as necessary parties. This decision was overturned by the Appellate Court but reinstated by the High Court, leading the Petitioners to approach the Supreme Court of Pakistan.
A two-judge bench, comprising Mr. Justice Irfan Saadat Khan and Mr. Justice Shahid Bilal Hassan, upheld the High Court’s ruling, emphasizing that the respondents were proper and necessary parties in the proceedings due to the proximity of their land to the disputed property. The bench noted that excluding the Respondents could result in adverse effects on their rights, making their inclusion essential for fair adjudication.
The Court reiterated that:
- Judicial discretion under Order I Rule 10 CPC should be exercised liberally, especially when excluding a party might lead to injustice.
- Affected parties, whose rights are connected to the subject matter of the suit, must be heard to avoid prejudicial outcomes.
- Courts must ensure that disputes are comprehensively resolved to prevent future litigation.
The Supreme Court of Pakistan dismissed the Petitioner’s appeal, affirming the High Court’s decision. The ruling underscores the judiciary’s commitment to ensuring fair and effective adjudication by including all necessary parties in legal proceedings.
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