MUHAMMAD ABDUL MALIK LUDHIANWI Versus SADRUDDIN HASHWANI

ORDER

1. The defendants have filed both these applications which will be disposed off by this order. The first application is for rejection of the plaint, against defendants Nos. 5 to 10 and 13. The second application is for striking off their name. The main allegation of these defendants is that they are neither necessary, nor proper party in the suit and no relief has been sought against them. In the plaint it has been alleged that these defendants have been joined as formal defendants without seeking any relief against them. Mr. Nasiruddin the learned counsel has contended that a person may not be a necessary party, but he can be joined as a defendant. In this regard he has relied on passage from the Commentary of Amer Raza on Code of Civil Procedure. He has also referred to paragraph 10 of the plaint onwards to show that these defendants are necessary parties. The plaintiff has claimed damages against the defendant No.1 for making alleged defamatory, insulting and false statement regarding operation and establishment of Islamic Banking in Pakistan. The plaintiff has not claimed any other relief in the suit. The defendants Nos. 5 to 10 and 13 have taken no notice of the statement of the defendant No. 1 but the plaintiff claims to have suffered damages. No legal right of the plaintiff is involved in the suit, nor the plaintiff is claiming entitlement to any legal character or to any right to any property which is being threatened or is adversely affected by any act of the defendants. A perusal of the plaint will show that the plaintiff has made no allegation against the defendants Nos. 5 to 10 A and 13. At best they can be witnesses. In the circumstances, I allow the application and strike off the name of the defendants Nos. 5 to 10 and 13. The office should strike off from the plaint the names of defendants 5, 6, 7, 8, 9, 10, and 13 with red ink.

2. H . B . T. /M‑432/ K Application allowed.