' On 5-7-1989, Mst. Rubi Nasreen filed suit for declaration and permanent injunction against L.D.A. In Court of Senior Civil Judge, Lahore. The suit was resisted. Issues were framed. The parties led evidence. The learned trial Court decreed the suit on 12-1-1989. Feeling aggrieved thereby, L.D.A.
Filed an appeal which was dismissed by the learned Additional District Judge on 16-12-1989. Hence this revision.
2. Learned counsel for the petitioner contended that the plaint suffers from non-joinder of necessary party and as such, the suit should have been dismissed. He relied on PLD 1987 Lahore
387. He argued that the plot in dispute was originally owned by Mst. Bilqees Bibi and was exempted in lieu of her land acquired for 1600 Acre Scheme, Lahore. She sold it to Munawar Sultana, who further alienated it to Mst. Rubi Nasreen respondent through registered sale-deed on 19-1-1981.
Since the predecessors-in-interest of the respondent were necessary party, therefore, the respondent/plaintiff was obliged to join them as party and in their absence no effective decree could be passed by the trial Court. Resultantly, the suit of the respondents must fail. No other point was raised before me by the learned counsel for the petitioner.
3. I have considered the submissions made by the learned counsel for the petitioner with care. I have not been able to persuade myself to agree with him feel that in the peculiar circumstances of this case, Mst. Bilqees or Munawar Sultana were not the necessary party, as such, the trial Court has rightly dealt with the matter in so far as regards the parties actually before it. The decree, passed by the trial Court can effectively be executed as the respondent, subsequent purchaser has entered into the shoes of their predecessors-in-interest, therefore, the presence of the predecessor-in-interest before the Court was/is not necessary to enable it effectively and completely to adjudicate upon and settle the question involved in the suit. Needless to say that the term "question involved in the suit" refers to question involved between the parties to the suit. After the sale of the plot by them to the respondent, the predecessors-in-interest namely Mst. Bilqees and Mst.Munawar Sultana have no interest in the property. During the pendency of the suit or even thereafter, they had not made an application for impleading them as party.
' Pursuant to the above discussion, there being no merit, the revision fails and is dismissed in limine.