| Case ID |
d5c8371b-a660-4bf3-bb0c-f8450da5dc04 |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 789-P with C.M No. 1139-P of 2021 |
| Decision Date |
Oct 12, 2021 |
| Hearing Date |
|
| Decision |
The petitioners, who are Plaintiffs No. 1 to 3, challenged the orders of both the Courts below which rejected their application for transposition of Plaintiffs No. 4 to 6 into the array of defendants. The court found that the plaintiffs could only remain joint if they were pursuing a common relief. Given the evident hostility among the plaintiffs, the court allowed the transposition of Plaintiffs No. 4 to 6 to the panel of defendants. The ruling emphasized the importance of Order 1 of the Civil Procedure Code, stating that parties with a common cause of action may sue jointly unless there is a conflict. The court's decision was influenced by the need for justice, allowing for procedural adjustments to ensure fair representation in the case. |
| Summary |
In the case heard by the Peshawar High Court, the main issue revolved around the transposition of certain plaintiffs into the defendant category due to a conflict of interest. The court analyzed the provisions of the Civil Procedure Code, particularly Order I, which allows for the joint suing of parties with a common cause. However, when hostility arises, it necessitates a reevaluation of the parties' positions. This case underscores significant procedural considerations in civil litigation, particularly regarding joint plaintiffs and the implications of conflicting interests on the pursuit of legal remedies. The ruling reinforces the principle that the court has the authority to ensure that justice is served, even if it requires altering the status of parties involved. This case is pivotal for understanding the dynamics of civil procedure in cases where multiple parties are involved, and conflicts can arise, affecting their relationships and legal standing. Keywords such as 'Civil Procedure Code,' 'joint plaintiffs,' 'legal remedies,' and 'court authority' are essential for those researching similar legal scenarios. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI, J.
|
| Lawyers |
M/s. Shah Faisal Utmankhel and Fayaz Ahmad,
M/s. Muhammad Saddique Haider Qureshi,
Iftikhar Ahmad,
Hamza Bangash
|
| Petitioners |
JUNAID KHAN BABAR AND 2 OTHERS
|
| Respondents |
MST. FARHAD BEGUM AND 3 OTHERS
|
| Citations |
2022 SLD 1665,
2022 PLJ 6
|
| Other Citations |
PLD 1962 (W.P.) Lahore 114
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
1,
10
|