Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908), O. I, r. 10-Transposition of parties-Discretionary-Power may be exercised at any stage --Plaintiff disagreeing with other plaintiffs and identifying himself with defendant - To be transposed to defendants' side.     JUDGMENT   This is a revision against the order of Civil Judge 1st Class, Lahore, dated the 3rd of October 1961, by which Abdul Waheed petitioner, who was a plaintiff in a suit, has been ordered to be transposed as a defendant.   On the 21st of January 1954, Mian Abdul Waheed petitioner along with his twosisters Mst. Amtul Hamid and Mst. Amtul Rehman filed a suit against Abdul Kabir their brother as the sole defendant. Later on, Maqbool Ahmad and Mst. Mahmooda Begum were also joined as co-defendants. The relief claimed in the suit was the administration of the property left by Hafiz Abdul Aziz, the father of the plaintiffs and defendant No. 1. in para. No. 5 of the plaint the petitioner as plaintiff No. 1, claimed for his appointment as Mutawalli of some wakf property. Defendant No. 1 in his written statement took up the plea that under the will of Hafiz Abdul Aziz dated the 18th of April 1927, the property was wakf-alal-aulad and he was the manager appointed under the will. In the replication filed by the plaintiffs, the initial claim in the plaint was supported and it was further pleaded that the will of 1927 had been superseded by means of another will dated the 21st of June 1937, which was further amended on the 25th of May 1939. The proceedings in this suit continued and the parties led their evidence.   On the 5th of July 1961, the statement of Mian Abdul Waheed plaintiff No. 1 wasrecorded as plaintiffs' witness. In this statement he supported defendant No. 1 In so far that he stated that the 1927 will was the only will made by Hafiz Abdul Aziz and he expressed his doubt about the will of 1937 and its amendment in 1939. On the 19th of July 1961, plaintiffs No. 2 and 3 applied under section 151 and Order 1, rule 10, C. P. C., that the plaintiff No. 1 should be transposed as a defendant. They further prayed that the statement of the plaintiff be expunged and, in the alternative,…