1. Through the instant Constitutional petition order dated 21-3-2002 passed by learned Additional District Judge and that of learned Civil Judge, Jhelum dated 14-1-2002 have been assailed, whereby application moved by the petitioners for impleading them as party in a civil suit filed by respondent No.3 against respondents Nos.1 to 7 was dismissed.
2. The brief facts of the case are that Abbas Khan, respondent No.3 filed a civil suit against respondents Nos.4 to 7 for seeking correction of entries in 'Jamabandi' and declaration that the entries in the Revenue Record regarding land in Khata No.258/629, Khasra No.2016 situated in revenue estate of Dharjala Jalab, Tehsil Pind Dadan Khan, were illegal and against the factual position at the spot. It was wrongly shown as pond 'Ghair Mumkin' and this entry is inoperative qua the rights of the plaintiff/respondent No.3. It was also prayed that the order passed in proceedings under section 133, Cr.P.C. Be also declared illegal as no proceedings can be taken against the plaintiff without judgment of the Civil Court. The petitioners moved an application for impleading as party on the ground that they are inhabitants of the village, therefore, they are the necessary party as the land of which change of entries has been sought by the plaintiff is a common property and in use of all the inhabitants of the village. The application, was dismissed by the learned Civil Judge, vide order dated 14-1-2002 and thereafter revision petition was also dismissed by learned Additional District Judge, Jhelum vide order dated 21-3-2002. Hence the instant petition.
3. Learned counsel for the petitioners contends that from Revenue Record the land in dispute is in possession of 'Maqbooza Ahl---e-Islam' and it is being used as pond for the villagers and the plaintiff/respondent No.3 had filed suit only impleading Revenue officials as party so that favourable decree be procured with the connivance of the officials and every person who is residing in the village is necessary and proper party.
4. Learned counsel representing the respondent No.3 has argued that the suit is being contested by the defendants/respondents (Government officials) and out of the divergent pleadings of the parties the necessary issues have already been framed and Issue No.4 is regarding non-- joinder/misjoinder of necessary party and if ultimately the said issue is decided against the plaintiff, the present petitioners may seek their remedy and their grievance can be redressed at appropriate stage. It has been further argued that the writ petition is not competent against the order of revisional Court arising out of the civil litigation and reliance has been placed on 1985 SCM R 1925, PLD 1980 SC 522--- PLD 1985 Quetta 445, 1983 SCM R 534, AIR 1947 Lah. 45, AIR 1929 Calcutta 667, 2000 SCMR 1567 and 2000 YLR 1982.
5. After giving due consideration to the contentions raised at the bar and keeping in view the peculiar circumstances of the instant case as according to longstanding entries in Revenue Record the land is in possession of ' Ahl-e-Islam' and is being used by the public as Rafa-e-Aam and is shown as 'Ghair Mumkin Pond', therefore, the petitioners or any other villagers are necessary parties and they have right to be heard and defend. Consequently, I allow this petition, set aside the impugned order and the trial Court is directed to get them impleaded as a party enabling them to file written statement and thereafter proceed with the case in accordance with law.