Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & O. XXII, R. 10---Transfer of Property Act (IV of 1882), S. 54---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Necessary party---Legal right---Scope---Plaintiff died during pendency of suit---Petitioner/intervener moved application for impleadment as plaintiff on the ground that he had acquired all rights and interests of deceased plaintiff in respect of suit property on the basis of agreement to sell executed between him and deceased plaintiff---Validity---Nothing was on record that suit property had been transferred in the name of deceased plaintiff---Plaintiff had claimed right and title in the suit property on the basis of agreement of sale---Sale agreement did not confer any legal right or title until it was enforced through decree of the Court and sale deed was executed---No legal right devolved in favour of petitioner/intervener---Deceased plaintiff was not competent or qualified to transfer suit property to anyone including the petitioner---Execution of alleged agreement of sale/assignment on the part of deceased plaintiff in favour of petitioner/intervener was not enforceable under the law---Petitioner/intervener could not be accepted and recognized as necessary or proper party in absence of legal right and character---Petitioner/intervener could not be treated as a substitute of deceased plaintiff in the suit---No interest had been created in favour of petitioner/intervener---Petitioner was not legal heir of deceased plaintiff---No illegality or irregularity had been pointed out in the impugned order passed by the Revisional Court---Trial Court was directed to take legal action/steps as per law for joining the legal heirs of deceased plaintiff---Constitutional petition was dismissed in circumstances. Mst. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652; Rashid Ahmed v. Mst. Jiwan and 05 others 1997 SCMR 171; Metropolitan Corporation of Lahore through Administrator Syed Bhais (Pvt.) Ltd. through Managing Director and 5 others 2004 MLD 1395 and Muhammad Sharif v. Dr. Khurshid Anwar Man 1996 SCMR 781 distinguished. Wajid Ali Khan v.…

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