| Case ID |
d7e736c6-8926-41c6-9698-b484ff37096f |
| Body |
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| Case Number |
Civil Revision No. 192956 of 2018 |
| Decision Date |
Jan 24, 2019 |
| Hearing Date |
Jan 24, 2019 |
| Decision |
The Lahore High Court ruled that a plaint cannot be rejected in piecemeal, emphasizing that the plaintiff retains the right to choose the parties against whom they wish to litigate. The court found that the trial court had committed a material illegality by partially rejecting the plaint concerning respondent No. 26. The court ordered that the application for rejection of the plaint filed by respondent No. 26 be deemed dismissed and set aside the previous orders of the lower courts. This decision reinforces the principle that all necessary parties must be included in a suit for partition, and a plaintiff cannot be compelled to sue anyone against whom they do not seek relief. |
| Summary |
In this case, the Lahore High Court addressed the issue of the rejection of a plaint under the Civil Procedure Code. The petitioners filed a suit for partition against multiple respondents, including the newly impleaded respondent No. 26. The court found that the trial court's acceptance of a rejection application against the plaint's partial extent was erroneous, as the concept of partial rejection does not exist within the provisions of the Civil Procedure Code. The ruling emphasized the importance of including all necessary parties in a partition suit and upheld the plaintiff's right to determine against whom they seek relief. This case serves as a critical reminder of the procedural safeguards in civil litigation, particularly regarding the rejection of plaints and the necessity of co-owners in property disputes. The decision aligns with established legal principles and precedents, ensuring that litigants are afforded fair opportunities to present their cases without undue technical dismissals. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN
|
| Lawyers |
Mr. Abid Saqi,
Sheikh Usman Karim-ud-Din,
Ahmad Waheed Khan,
Ali Masood Hayat
|
| Petitioners |
Others,
MRS. AASIA RIZVI
|
| Respondents |
Others,
MIAN MUHAMMAD ASLAM
|
| Citations |
2019 SLD 1714,
2019 CLC 1333
|
| Other Citations |
2017 YLR 1579,
1989 CLC 15,
1989 CLC 1526,
1992 CLC 2282,
PLD 2012 SC 247,
PLD 2012 Bal. 154,
2005 CLC 848,
2007 YLR 2252,
2014 CLC 71,
2012 CLC 1630,
2014 YLR 444,
2016 MLD 52,
1979 CLC 742,
1993 CLC 1606,
PLD 1999 Kar. 1,
2017 CLC Note 223, p. 250
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VI,VII,R.11,
O.VI,VII,R.16,
O.VI,VII,R.17
|