APPLICATION UNDER ORDER 1 RULE 10 C.P.C (application for necessarily and proper parties)

IN THE COURT OF J-ABC, LEARNED CIVIL JUDGE, RAWALPINDI

Mst ABC

Vs

Mr. XYZ etc

SUIT FOR DECLARATION, POSSESSION, PERMANENT AND MANDATORY INJUCTION

PETITION UNDER ORDER 1 RULE 10 CPC READ WITH SECTION 151 CPC ON BEHALF OF APPP

Respectfully sheweth:

1.           That the above captioned suit is pending in this honourable court and is fixed for today.

2.           That the petitioners are legal heirs of Ch. Muhammad Yousaf (late) including the other legal heirs detail of which is as follow:-

1.   Mr. APPP

2.   Mr. BPPP

3.   Mr. CPPP

4.   Mst. DPPP

5.   Mst. EPPP

6.   Mst. FPPP

3.           That the Mst. ABC present plaintiff in this suit has filed the instant suit regarding property left by deceased Mr. ZZZ . That the said property is still joint between all the co-owners/co-sharers is the legal heirs of Mr. ZZZ (Late).

4.           That the present petitioners are legal heirs of the Ch. Muhammad Yousaf (Late) and entitle to get the share in the property left by Mr. ZZZ and until the property is not partitioned properly the petitioners are owners in every inch of land.

5.           That the induction of the petitioners in the present suit will not change the nature and complexion of the suit rather petitioners will facilitate the Hounorable Court for adjudication of the case on merits.

6.           That in the instant matter the plaintiff Mst. ABC on the basis of ulterior motive for illegal designs grab the valuable land left by the deceased Mr. ZZZ deliberately not made party at the time of filling the main suit.

7.           That the petitioners are necessarily and proper parties in the instant suit and without impleading them no conclusive decree could be passed.

8.           That if the applicants are not impleaded as defendants in the suit their right will be seriously prejudice and they will suffer an irreparable loss.

It is therefore, respectfully prayed that the instant petition may graciously be accepted and petitioners be impleaded as parties in the above captioned case being a real sons of Mr. ZZZ (Late) in the interest of justice, and to avoid the multiplicity of proceedings.

Petitioners

Through

(NAME OF ADVOCATE)

Advocate High Court

Rawalpindi

IN THE COURT OF J-ABC, LEARNED CIVIL JUDGE, RAWALPINDI

Mst ABC

Vs

Mr. XYZ etc

SUIT FOR DECLARATION, POSSESSION, PERMANENT AND MANDATORY INJUCTION

PETITION UNDER ORDER 1 RULE 10 CPC READ WITH SECTION 151 CPC ON BEHALF OF APPP

Affidavit

 

I, Mr. APPP S/o  Mr. ZZZ (Late) r/o  House No. 111, Street No. 222, Satellite Town Rawalpindi, do hereby solemnly declare that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

 

Deponent

Verification

Verified on oath on this 15^th day of September, 2015 that the above deposition is true and correct to the best of my knowledge and belief.

 

Deponent