1. ' Heard the learned counsel. The learned counsel for the applicants stated that applicants are in possession of Na-Class 21, Makrani Para, Manghopir, Karachi only and are not in possession of Survey No,22 in respect of which the decree has been passed in favour of the plaintiff/DH in Suit No,1005 of 1996. The applicant stated that the decree has been obtained by fraud and in collusion with defendant to deprive the applicants from the properties for which they are holding valid Sanads and their names were mutated in the Deh Form II on 2-11=1991.
2. ' On 6-12-2002 with the consent of the parties, Mukhtiarkar was appointed as Commissioner to carry out demarcation of Na-Class Nos.21 and 22, Deh Manghopir, Karachi.
3. ' The Mukhtiarkar, Suddo at Karachi submitted his report on 11th April, 2002 and from the perusal of it, it appears that an area of 1.28 acres overlapped from Na-Class 21 to Na-Class 22.
4. ' The applicant's case is that they are in possession of Na-Class 21 and have no interest of any in Na-Class 22.
5. ' The learned counsel for DH stated that let the applicants be joined as defendants in the Suit No,1005 of 1996 and after examining the parties and officers of the department the Court may decide in the said suit whether the applicant was encroached upon Na-Class 22 claimed by the plaintiff and whether overlapped area is in fact part of the Na-Class 21 or is of Na-Class 22.
6. ' The applicants claimed interest in respect of land in their possession on the basis of Sanad issued by competent authority and their presence was necessary for the adjudication of the issue in Suit No,1005 of 1996. The decree apparently has been obtained by misrepresentation and as such is liable to be set aside. The application is granted and the judgment and decree dated 10-5-1998 are set aside.
7. ' The plaintiff is directed to file amended plaint. Joining the applicants as defendants with copy of it to applicants who will file written statement within two weeks' time from the date of receiving the copy of plaint and matter be fixed for issues thereafter immediately.