Law: Civil Procedure Code (V of 1908)

Section: 1,10

(a) Civil Procedure Code (V of 1908)--- ----O.I, Rr.1 10---Conflicting/hostile parties, transposition of---Inheritance---Plaintiffs claimed that defendants were not the wives of their predecessor/deceased---Three plaintiffs supported the claim of defendants in examination-in-chiefs/other three plaintiffs moved application to Trial Court for transposition of legal heirs of said three plaintiffs---Said application was dismissed by both the courts below---Validity---Held, that in event of hostility of claim between the plaintiffs during proceeding, hostile plaintiffs might be transposed to the panel of defendant---Revision petition was allowed; said three Plaintiffs were transposed from panel of plaintiffs to that of defendants as proforma defendants; evidence recorded by conflicting/hostile witness was deemed to be a defence witness; and opportunity to cross-examine him was to be provided to plaintiffs. Mian Abdul Waheed v. Mst. Amtul Hamid and others PLD 1962 (WP) Lahore 114 rel. (b) Civil Procedure Code (V of 1908)--- ----O.I, Rr. 1 10---Conflicting/hostile parties, transposition of---Principle---Generally, parties could not be transposed from a panel to another panel without their counsel---Plaintiffs could, however, be remained joint only when they were commonly pursuing their relief and once there was conflict/hostility between the plaintiffs regarding nature of relief then such plaintiffs should be transposed in the array of defendants. JUDGMENT SYED ARSHAD ALI, J.--- The petitioners who are plaintiffs Nos.1 to 3 before the learned trial Court, have collectively challenged the orders of both the Courts below, rejecting their application for transposition of the plaintiffs Nos.4 to 6 in the array of defendants. 2. Arguments heard and record of the case was perused. 3. It is evident from record that the matter relates to legacy of Jehangir Khan Babar, the predecessor of the plaintiffs. It is the precise claim of all the plaintiffs Nos.1 to 6 in their plaint that defendants Nos.1 and 2 should not inherit the legacy of Jehangir Khan Babar as defendant No.1 was divorced by him in his life time and defendant No.2 was never married to Jehangir Khan Babar. 4. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492