1. ' FAISAL ARAB, J.---The background of the present proceedings is that the respondent filed a suit for declaration, injunction and damages against the applicants without impleading Federation of Pakistan as party. The suit was decreed in favour of the plaintiff. The applicants, who were the defendants in the suit, filed appeal before the District Judge, Karachi West, which was dismissed on the ground that the appeal ought to have been filed by the Federation of Pakistan in terms of section 79 of the Civil Procedure Code as the appeal is continuation of the proceedings, therefore it also suffers from such inherent defect.
2. Against the dismissal of the appeal the present Revision has been filed by the applicants, who have stated that it was the respondent who filed the suit without impleading Federation of Pakistan as party and in spite of this omission the suit was decreed and the applicants merely being defendants have challenged the impugned judgment. The learned counsel for the applicants states that if the appeal was not maintainable then the decree that has been passed also suffers from the same defect should not have been left operational against the applicants. The learned counsel for the applicant has referred to the case of Haji Abdul Aziz v. Government of Balochistan reported in 1999 SCM R 16, wherein the Honourable Supreme Court of Pakistan while referring to Article 174 of the Constitution held that the Federation of Pakistan in such type of case has to be made a party.
3. ' In the circumstances through the appeal was rightly dismissed for nonimpleading the Federation of Pakistan as a party but it is necessary to observe that the decree against which the appeal was filed also suffered from similar inherent defect i.e, non-impleading the Federation of Pakistan as party, therefore the decree passed in favour of the respondent is not executable against the applicants in this case, who are judgment debtors in the suit.
4. ' The Civil Revision stands disposed of in the above terms.