Law:

Section:

Civil Procedure Code (V of 1908)--- ----0.1, R.10---Constitution of Pakistan (1973), Art. 199---Suit for possession through partition---Petitioner, one of defendants' son, filing application for impleading him as a party in suit, on the ground that house in question, was bequeathed to him through execution of will by the original owner viz. mother of contesting parties---Such application was dismissed by Courts below--­Validity---Petitioner being son of one of contesting defendants claimed house in question, on basis of a will executed in his favour on 10-1-1970---Defendant in his written statement did not disclose that house in question stood transferred in favour of his son by his mother by way of will---Suit was pending since 1982, whereas will in question was allegedly executed in January 1970---Defendants who were resisting suit since long had neither mentioned in written statement nor in evidence about the alleged will---Courts below were correct in holding that application for impleading as a party by one of defendants' son's had been moved to prolong the litigation---Courts. below having rightly dismissed petitioner's application no legal or factual error appeared in their orders---Orders of Courts below dismissing petitioner's application for impleading him as a party in suit, were upheld. ORDER Mst. Sardar Begum respondent No.3 filed a suit for possession through partition against her real brothers Alauddin, Muzaffar Din, Riaz Din, and Manzoor Ahmad respondents Nos.4 to 7 in respect of property bearing No. B/250, Nia Mohallah, Rawalpindi. Tariq Mahmood son of Muzaffar Din respondent No.5 filed an application under Order I, Rule 10, C.P.C. for impleading him as a party in the said suit on the ground that before the death of the mother of the contesting respondents Nos.4 to 7. She had executed a will in his favour in respect of the house in dispute by virtue of which he had become its exclusive owner, that since he was working in Abu Dhabi he was not aware of the litigation in respect of the said house and on coming to know of it he moved the application for impleading him as party. The. Contesting respondents resisted the said application. The Civil…

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