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1905 DIGILAW 129 (ALL)

Aitmad Ali Khan v. Allahabad Bank Ltd.

1905-05-30

KNOX

body1905
JUDGMENT : KNOX, J. 1. Kuer Latafat Ali Khan has put in an application praying that his name may be added as a patty in the array of respondents and he may be allowed to defend an appeal which is pending in this Court. A preliminary objection) is taken on behalf of the appellant to the effect that section 32 of the Code of Civil Procedure cannot be held to apply to proceedings in execution of decrees. In support of this contention he lias referred me to a ruling of this Court, Goodall v. The Mussoorie Bank, Limited, [1887] I.L.R., 10 All., 97 in which it was held that section 372 of the Code of Civil Procedure cannot be applied to the assignment, creation, or devolution of interest subsequent to the decree in a suit, and upon the analogy of this it is contended that section 32 should not be held applicable to proceedings in execution. 2. Questions as to section 32 and its applicability do not appear to have been at all considered in Goodall v. The Mussoorie Bank, Limited, [1887] I.L.R., 10 All., 97. At the time when that ruling was given by this Court, section 647 of the Code of Civil Procedure differed in one remarkable point from the section as it stands In the present Code. But I am not concerned with whether section 372 does or does not apply to the case before me. 3. The terms of section 32 are very wide and empower the Court at any time either upon or without application to order that the name of any person whose presence before the Court may be necessary, be added in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved. The applicant, according to his petition, has very important interests, and it seems to me expedient that he should be allowed to defend those interests, and that further litigation should not, as far as necessary, be resorted to. For these reasons I disallow this preliminary objection, and I order that the name of the petitioner be added as a party in the array of respondents and that he be allowed, to defend the appeal. The applicant will get his costs.