' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal is filed against judgment dated 1-3-2000 of the Lahore High Court, Multan Bench.
2. Learned counsel for the petitioner addressed arguments at length in 'support of petition. It was pointed out that the Panjnad Textile Mills was necessary party in the suit because originally land was owned by it and Nisar Mehmood son of Abdul Majeed agreed to sell it to petitioner in capacity of Director of the company and in absence of company how suit was competent. On this, he stated that either permission be accorded to him to amend the plaint or permission be accorded him to withdraw the suit so he may file afresh suit on the same cause of action after removing this inherent defect.
3. Learned counsel appearing for the respondents, however, opposed the request and stated that the suit of the petitioner was barred by time and in this behalf concurrent findings have been recorded by the learned High Court as well as by the First Appellate Court and the Trial Court, therefore, permission may not be granted him to withdraw the suit.
4. After hearing the learned counsel for both sides and taking into consideration the fact that the property was originally owned by the Panjnad Textile Mills, therefore, it was incumbent upon the plaintiff/petitioner to have impleaded it as party and in absence of the original owner decree passed shall cause injustice to it and such order would not be executable against a person who was not a party to the proceedings. Therefore, We accept the request of the learned counsel for the petitioner. As a result whereof petition is converted into appeal the impugned judgment dated 1-3- 2000 as well as judgments dated 2-2-1998 and 45-7-1996 passed by the trial Court and First Appellate Court are set aside and permission is accorded to the petitioner to withdraw the civil suit and file fresh suit on the same cause of action in accordance with law. Parties to bear their own costs.