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2001 CLC 701

BORE MUHAMMAD vs Mst. AZIZA BEGUM and others

Citation2001 CLC 701
CourtSindh High Court
Case No.Suit No, 1549 of 1998
Date1999-11-19
Judge(s)Shabbir Ahmed
ResultOrder accordingly

ORDER

1. The plaintiff has filed this suit against defendants Mst. Aziza Begum, Karachi Administration Employees Cooperative Housing Society Limited, Registrar, Cooperative Societies Administrator, Karachi Municipal Corporation, Director Katchi Abadies and Director Sindh Katchi Abadi Authority.

2. Under the provisions of Order I, Rule 3, C.P.C. only persons can be made a party in suit who are either natural or legal persons. The officials in their official designation cannot be termed to be a legal or natural person as ruled in the case of Secretary B & R. v. Fazal Ali Khan PLD 1971 Kar. 625.

3. The, plaintiff has sued the officials by their designations. Such officials cannot be sued in their official name. If the plaintiff is offended by any act or action of such defendants in their personal capacity, they can be sued in their A personal name. Consequently, names of defendants Nos.3 to 7 are struck off from the array of defendants with costs of Rs.100 each to be deposited by the plaintiff within a week.

4. However, this will not preclude the plaintiff to join proper party in the proceedings.

Cited by 3 cases

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