Law: Civil Procedure Code (V of 1908)

Section: I,10

(a)    Civil Procedure Code (V of 1908)-------O. I, R. 10 ---Addition or striking out of parties, doctrine of---Transposition of parties from one side (array of parties) to another side---Application of defendant for transposition from the panel of defendants to that of the plaintiffs---Scope--Attorney, appointment of---Scope---Plaintiff/sister filed suit against her two brothers and other sister (defendants) suit was resisted by all three defendants--However, pending adjudication of the suit, other sister (one of the defendants) moved an application before the Trial Court, seeking her transposition from the panel of defendants to that of the plaintiffs---Ground taken by defendant/sister (applicant) was that due to alleged connivance of her brothers (defendants), she had put her thumb impression on a document and appointed her own son as an attorney ( son/attorney)---Trial Court allowed said application , which order was maintained by the District Court---Petitioners (defendants/brothers) filed constitutional petition against concurrent orders---Validity---Admittedly, the deceased predecessor had left behind two sons (petitioners/defendants) and two daughters i.e the plaintiff and one of the defendants/applicants---No doubt, there was a power of attorney in favour of the son of applicant/sister, who was now before the Court through her husband---As per the application as well as stance of husband (special attorney) of applicant/sister), the power of attorney in favour of son was not correct---It was indisputable that written statement on behalf of applicant/sister was filed by her son, the alleged attorney---Admittedly, the fact of appointment of son as attorney had been denied by applicant/sister through her application signed by her husband as an attorney---Irrespective of the fact that the application was categorically resisted by the petitioners/brothers and without going into the controversy and resolution of the fact as to whether son was appointed as an attorney and in that capacity, he had filed written statement , or otherwise, such fact shall be determined/ resolved by the Trial Court but after recording of pro and contra…