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2007 CLC 1188

WALI MUHAMMAD and 5 otherss vs PROVINCE OF SINDH through D.C.O.

Citation2007 CLC 1188
CourtSindh High Court
Case No.Civil Revision Application No,71 of 2006
Date2007-05-11
Judge(s)Faisal Arab
ResultOrder accordingly

ORDER

1. ' FAISAL ARAB, J.- The applicants, filed appeal before the Appellate Court was dismissed on technical grounds as some of the defendants against whom decree was passed but had not preferred appeal were not arrayed as respondents in appeal.

2. ' The applicants' appeal was also dismissed on the ground that official respondents who were defendants in the suit have not been made respondents in appeal. In my view that the dispute was purely between private parties and the official respondents were not necessary parties.

3. ' The Appellate Court did not give its decision on merits of the claim of the respective parties and only on technical grounds stated above dismissed the appeal. These technicalities could have been cured through amending the title of the appeal subject to the plea of limitation, if any.

4. ' In the circumstances, the impugned judgment is set aside and the case is remanded to the Appellate Court for decision of appeal on merits after amended title of memo of appeal is filed.

5. This revision application stands disposed of in the above terms.

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