MALIK HAMID SAEED, J.---This writ petition is directed against the judgment and order dated 10-4- 1997 of the learned Additional District Judge, Lakki vide which revision petition of the petitioner against the judgment and order dated 6-11-1996 of the learned Civil Judge, Lakki was accepted.
2. Facts of the case, briefly stated, are that respondent No. l herein had filed a pre-emption suit in the Court of Civil Judge, Lakki where while filing written statement, a preliminary objection regarding non joinder of necessary party was raised.
3. After close of the plaintiff's evidence, the defendant got examined two witnesses and his evidence was not yet closed when, on 17-7-1996, he filed an application for impleadment of sons of the petitioner/defendant being necessary party in whose names the property was transferred. The learned trial Judge vide his order dated 6-11-1996 dismissed the application, where against a revision filed in the Court of Additional District Judge, Lakki was accepted on 10-4-1997 and hence this writ petition.
4. The only grievance of the, petitioner is that when in the written statement an objection regarding non-joinder of necessary party has been taken, but the plaintiff paid no heed to it so much so that a specific issue was framed in this behalf. The application dated 17-7-1996 at such a belated stage when the plaintiff's evidence had been closed and even the defendant evidence was almost near to completion was -liable to dismissal and hence the impugned order of the trial Court was legally founded.
5. The objection of the petitioner that sons of the plaintiff were the necessary party and in their absence the suit was defective but when the defendant/petitioner requested for this purpose, the same was opposed only on the ground that it was not made in time, is untenable. .
6. The learned District Judge has, therefore, rightly accepted the revision petition of the defendant/respondent and his findings do not suffer from any jurisdictional defect as described in section 115, C.P.C. Constitutional Jurisdiction of this Court could only be invoked if the discretion exercised by the forum below, is arbitrary or perverse. The petition being misconceived and having no merit is, therefore, dismissed in limine.