1. ' KH. NAVEED AHMED, J.---Granted.
2. Granted subject to all just exceptions. 3&4. The learned counsel has contended that the suit was filed by Messrs Nadeem Enterprises against the applicants, who are Government functionaries. He states that it was duty of the plaintiff to join Federal Government as well as the Central Board of Revenue as defendants in the suit. He states that both the courts below have ignored this fact. In the original suit Federal Government officials were sued in contravention of section 79 of C.P.C., which says that the Federal Government officials should be sued by joining Federal Government as a party. Section 79, C.P.C. Is reproduced hereunder:- "Section 79.---Suits by or against the Government.---In a suit by or against the [Government] the authority to be named as plaintiff or defendant, as the case may be, shall be---
(a) in the case of a suit by or against the Federal Government, [Pakistan]
(b) in the case of a suit by or against a Provincial Government, the [Province]; and"
2. ' In view of the above the learned counsel states that the suit by the original Court should have not been entertained and decree passed without joining the Federal Government as a party is of no consequence.
3. ' Contention raised by the learned counsel needs consideration. A This revision application is admitted to regular hearing, notice to other side, the meantime execution proceedings are stayed.
4. Office is directed to call R&P and fix the matter for hearing in the next month.