Haji SHAUKAT HUSSAIN and 4 others vs Haji MUHAMMAD BAKHSH and 13
This petition for leave to appeal arose from a civil suit for possession through pre-emption originally instituted by the predecessor of the petitioners and respondents Nos. 7 to 14. Following the death of the original plaintiff, the petitioners arrayed the other legal heirs (respondents Nos. 7 to 14) as defendants. Subsequently, some of these respondents applied to be transposed as plaintiffs, a request granted by the trial court. The petitioners challenged this transposition via civil revision, which was dismissed by the Lahore High Court. The core legal question was whether the trial court acted within its discretion in transposing all legal heirs of the deceased plaintiff as co-plaintiffs, despite only some having formally applied for such transposition. The Supreme Court dismissed the petition, holding that the trial court's order was a correct exercise of discretion to avoid procedural delay and ensure the proper representation of all legal heirs. The Court affirmed that such transposition, where no prejudice is caused to the opposing parties, is permissible to facilitate the effective adjudication of the suit.
- Can a trial court transpose legal heirs of a deceased plaintiff as co-plaintiffs even if not all of them formally applied for such transposition?
- Does the transposition of legal heirs as plaintiffs in a pre-emption suit cause legal prejudice to the existing plaintiffs?
- Article 185(3), Constitution of the Islamic Republic of Pakistan 1973
' MIAN MUHAMMAD AJMAL, J.---The petitioners seek leaveto appeal against the judgment dated 26-10-1999 of the Lahore High Court, Multan Bench, Multan, whereby Civil Revision No,665 of 1998 of the petitioners was dismissed in limine.
2. Resume of the case is that Haji Noor Muhammad the predecessor of the petitioners and respondents Nos.7 to 14 had instituted a suit for possession through pre-emption against respondents Nos.1 to 6. During trial he died. Respondents Nos.7 to 14 allegedly declined to join the petitioners, as such, the petitioners arrayed them as defendants Nos.7 to 14. Thereafter on 21-10- 1998 respondents 10, 11, 13 and 14 filed an application for transposing them as plaintiffs. The application was contested, however, respondents Nos.1 to 6 made a statement that they had no objection to the acceptance of the application. The learned Civil Judge accepted the said application and transposed respondents Nos.7 to 14 as plaintiffs vide his order dated 26-10-1998.
Feeling aggrieved, the petitioners filed Civil Revision No,665 of 1998 which has been dismissed in limine by a learned Judge in Chambers of the Lahore High Court, Multan Bench, Multan vide his order dated 26-10-1999, impugned herein.
3. Learned counsel for the petitioners has contended that respondents Nos.7, 8, 9 and 12 had not applied for their transposition as plaintiffs, therefore, they should have not been transposed as plaintiffs.
4. We have heard the learned counsel for the petitioners and have perused the record of the case with his assistance. Admittedly, respondents Nos.7 to 14 are the legal heirs of late Haji Noor Muhammad like the petitioners but they were arrayed as defendants by the petitioners in the amended plaint. Respondents Nos.10, 11, 13 and 14 applied for their transposition as defendants to which contesting defendants Nos.1 to 6 did not object, but the petitioners who are kith and kin of defendants Nos.10, 11, 13 and 14 objected to their transposition as defendants. The trial Court in order to avoid further delay in the disposal of the case correctly ordered the transposition of all the legal heirs of late Haji Noor Muhammad as plaintiffs, which has not caused any prejudice to the petitioners. The point urged by the petitioners has properly been dealt with by the learned Judge in Chambers of the High Court. No legal infirmity or illegality has been shown in the impugned judgment warranting interference by this Court under Article 185(3) of the Constitution of. Islamic Republic of Pakistan.
5. For the foregoing reasons, this petition is without any merits which is dismissed and leave refused.
Cited by 2 cases
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- Mrs. AFROZ SHAH and others vs SABIR QURESHI and others 2010 PLD Supreme Court 913