IN THE COURT OF HONOURABLE DISTRICT AND SESSION JUDGE KAMBER-

SHAHDADKOT

Appeal No:40 /2019

Abdul Khalique and others.

__________________________________________Appellant.

VERSUS

Abdul Ghafoor Jagirani and others.

_________________________________________Defendant.

APPLICATION UNDER ORDER 1 RULE 10 CPC,

READ WITH SECTION 107 CPC

It is respectfully prayed on behalf of the appellant that this Honourable Court

may kindly be pleased to join/add the persons mentioned bellow as defendant
because the defendant No:01 has passed away and the proposed defendants are his
offspring and legal heirs and the cause of action has survived to the legal heirs after
the death of the defendant No:01.Hence the defendants No:01 to 05 below are
necessary parties to the proceedings .

01.

S/O….By caste…..R/O….

02.

03.

04.

05.

Advocate for

Attorney of the plaintiff

Kamber,

Dated : 28/08/2019
 IN THE COURT OF HONOURABLE DISTRICT AND SESSION JUDGE KAMBER-
SHAHDADKOT

Appeal No:40 /2019

Abdul Khalique and others.

__________________________________________Appellant.

VERSUS

Abdul Ghafoor Jagirani and others.

_________________________________________Defendant.

AFFIDAVIT

I,Abdul Khalique S/O Ali Nawaz Khan,Muslim Adult, by caste Khoso,R/O

………..Qubo Saed Khan,District Kamber-Shahdadkot,do hereby state on oath as
under:

01/. That, I am attorney of the plaintiff No:1 to 8 in the suit in question and
deponent in the accompanying application ,hence well conversant with the fact s of
the same.

02/. That, I being attorney of the plaintiff has filed the above titled suit for
declaration, possession, mandatory and permanent injection against the defendants
No.1 to ….. Before this Honourable Court and the same is pending for adjudication
according to law.

03/. That, it is matter of fact that defendant No:1 has passed away and the suit
land belongs the deceased person’s legal heirs defendant No:1 to ….may ordre
sought in the prayer of this appeal can only be implemented if the proposed
defendants are joined as party. Therefore, the presence of the person sought to be
added/joined newly is necessary to settle the questions involved in appeal for
effectively adjudicating the proceeding .

04/. That, it is also well settled principle of law that a party can added at any stage
of suit even in appeal and second appeal in order to advance justice and shorten
litigation so also to avoid multiplicity of proceedings, party in pleaded.

05/. That, the prayed persons are necessary part in the appeal and no effective
order/decree could be passed in their absence.

06/. That, it is well settled principle of law and in the interest of justice to join the
party without whom no order can be implemented.

07/. That, this Honourable Court is vested with vide discretion/powers to add any
necessary and proper party to the appeal/suit to avoid the multiplicity of proceedings.

09/. That , I have got a prime facie and arguable case/application on the subject
matter.
10/. That, that accompanying application has been drawn and drafted under my
specific instructions and the contents thereof have been read over to me in Sindh
Language and the same may kindly be treated as part and parcel of this affidavit for
the sake of brevity.

11/. That, it will be in the interest of justice , if the accompanying application is

allowed otherwise I shall suffer irreparable loss/injury.

12/. That, further grounds shall be raised at the time of hearing of application with
permission of this court.

It is therefore, respectfully prayed that this Honourble Court be pleased to

allow this application by impleading /adding the prayed persons as defendant No:16
to ……in the present appeal and same be proceeded according to law.

Whatever is stated herein above is true and correct the best of my knowledge
and belief.

Deponent

I know the deponent

Advocate

Kamber,

Dated:28/08/2019.