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2007 MLD 1895

JAVED KIYANI vs CITY DISTRICT GOVERNMENT through District Coordination

Citation2007 MLD 1895
CourtSindh High Court
Case No.High Court Appeal No, 65 of 2004
Date2004-11-04
Judge(s)Maqbool Baqar, Sayed Saeed Ashhad
ResultAppeal dismissed

ORDER

' By order, impugned herein, the learned Single Judge of this Court had suo motu ordered production of certain documents including the original layout plan of the area relevant to the suit plot and has also ordered impleading Sheri as a party to the proceedings.

2. We have heard the arguments of the learned counsel for the parties. We do not find any infirmity in the order insofar as production of documents is concerned though made at the stage of final hearing inasmuch as the Court, can pass any order at any stage to do complete justice.

3. However, the order for impleading Sheri at the stage when the final arguments were to be heard was not required to be made. Even otherwise, we do not find that Sheri was a necessary party to be impleaded for a just and fair decision in the matter which is a test for allowing a party to be joined in a pending matter. The impugned order cannot be sustained and is set aside as the issues involved can well be settled on the basis of the record that has been placed or may be placed and the presence of Sheri is not at all required for a just and proper decision in the suit.

4. This High Court Appeal stands disposed of on above terms.

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