Law: Code Of Civil Procedure, 1908.

Section: I, Rule 9, I, Rule 10,IV, Rule 1, 41, Rule 33

Law: Supreme Court Rules, 1956

Section: 33, Rule 5

Summary:Two-Word Description:
Party Transposition
Petitioners challenged the orders of the trial court and appellate court that allowed certain defendants to be transposed as plaintiffs after the original plaintiff unconditionally withdrew her suit based on a compromise. The Peshawar High Court Mingora Bench (Dar-ul-Qaza) held that the lower courts acted correctly under Order I Rules 9 & 10 CPC, which allow liberal transposition of parties to ensure complete adjudication and avoid multiplicity of proceedings. The revision petition was dismissed, confirming that transposition was lawful and necessary to protect the rights of affected defendants.

Sections / Legal Provisions Used:

Order I, Rule 9 CPC – No suit defeated by misjoinder/non-joinder of parties