' Heard.
2. Claiming to be owner in possession of 439 Kanals of land in Chak No,42/DB, on the plea of having purchased it in open auction a suit for the grant of a declaratory decree with perpetual and mandatory injunctions as consequential relief, stands instituted by Muhammad Yaqoob petitioner.
3. Such assertion has duly been controverted and traversed by his adversary.
4. During the course of proceedings thereof, respondent No,5 namely Maqbool Ahmad moved an application under Order 1, Rule 10, C.P.C. For impleading him as party on the pleas that he had been selected as tenant in respect of piece of 100 Kanals of land, forming the subject-matter of "dispute", he is cultivating possession thereof since 1978; seeking ownership rights with regard thereto and disclosing that the petitioner has resorted to this action after having made a vain attempt through a suit filed by his son namely Muhammad Khalid.
5. It was allowed vide an order dated 21-6-1997 which, was assailed before learned Additional District Judge, Bahawalpur through a revision petition on the ground that learned trial Court had not properly appreciated the facts of the case and illegally exercised its jurisdiction. Same, however, met the fate of dismissal on 6-10-1997.
6. Such orders have been called in question in instant Constitutional petition on the grounds enumerated in paragraph No,10 thereof.
7. Reiterating the same, learned counsel representing the petitioner has endeavoured to argue that impugned orders dated 21-6-1997 and 6-10-1997 passed by learned Senior Civil Judge and learned Additional District Judge, Bahawalpur respectively are absolutely void, illegal and liable to be set aside; that the learned Additional District Judge proceeded to pass the order with undue haste without summoning/requisitioning the record and that claim of respondent No,5 is absolutely shaky. Reliance has been placed on Tariq Mahmood v. Muhammad Saleem Qureshi, Additional District Judge, Rawalpindi and 6 others 1992 CLC 1432 (Lahore); Pakistan Banking Council and another v. Ali Muhamamd Naqvi and others 1985 SCM R 714; Ahmad Din v. Muhammad Bashir and 6 others NLR 1992 Civil 250 and Altaf Parekh v. Delments Construction Company 1992 CLC 700 to canvass that respondent No,5 was wrongly impleaded as he is neither necessary nor proper party.
8. When judged on the touchstone and in perspective of true scope of powers vested in Court in this regard, as laid down in galaxy of rulings, few of which, stand quoted and referred to above, respondent No,5 turns out and emerges to be at least "proper party" in wake of his possession over a considerable piece of suit land for the last about two decades, his claim of seeking title and proprietary rights with regard thereto and in lambasting the claim of petitioner, so as to lead to complete and effectual adjudication of the matters in controversy.
9. No about, it is equally well settled, that a plaintiff is "dominus litis" and ordinarily no person should be added as party against his wishes, yet, nothing is suggestive of any departure therefrom or likelihood of causing any prejudice to him. Seemingly position in instant case is converse and rather otherwise not only to avoid multiplicity of proceedings, but also, involvement of parties into vortex of litigation.
10. Be that as it may, Writ Petition is liable to be disposed of from entirely a different angle as well.
Impugned orders neither appear to suffer from any infirmity or perversity nor can be taken to be fanciful, perfunctory or laconic any way.
11. Neither any aspect has been pointed out nor highlighted to show, or indicate that the orders sought to be impeached and set at naught, suffer from any lacuna, which, may have the effect of rendering it to be without lawful authority and of no legal effect and significance. In short, not a single error, liable to be corrected through judicial review has been hinted at. Rather finding of fact embracing and encompassing all aspects is neither exceptionable nor challengeable before this Court in Constitutional petition as expounded in plethora of authorities on the point.
12. Viewed from any angle, Writ Petition merits outright dismissal and is hereby dismissed in limine.