Section 2 Civil Procedure Code (v. 1908), OI, R10 Constitution of Pakistan, Article 199 Constitutional Appeal Distribution Contract Selling Contract to Sell to Party Scope Petitioner Suit by Defendant / Partner in a Property Suit Filed and she wants the OI to take possession of her share of the property after respondent distributing the application under R-10, the CPC only claimed the applicant's share of the property purchased through the contract. And the seller also paid the money, both the courts below found the respondent as a necessary party. And the respondents on the litigation were yet to prove their position, therefore, their presence before the trial court was not necessary to decide the matter between the applicant and the other co-defendant during the division proceedings. Presence will create some complications. Following several cases of litigation both the courts took material illegal action in exercise o f their jurisdiction allowing the application under OI, R 10, by the CPC respondent. In the case pending before the trial court High Court, one of the defendants applied as per the orders and application passed by two courts under litigation. OI, R 10, CPC filed by the plaintiff after the dismissal of the party filed for its implementation
Related judgments — Lahore High Court Lahore, 2011
