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2000 DIGILAW 282 (JK)

Tej Kour v. Ahmad Sheikh

2000-12-04

SYED BASHIR-UD-DIN

body2000
1. In Civil Original Suit No.25/96 titled Tej Kour vs. Ahmad Sheikh and others, on the file of Munsiff Pulwama, application of respond­ents 6 to 9, Co-plaintiffs with revision petitioner before the trial court, for transposition as de­fendants in the suit, has been allowed under impugned order dated: 20.11.1997 by the Munsiff. They have been transposed and ar­rayed as defendants to the suit. This order is under challenge in this revision petition. 2. Record has been examined. 3. Counsel for revision petitioner has been heard. 4. The application has been allowed by reasoned order. The ordered transposition of Co-plaintiffs/Respondents 6 to 9 as defendants is held by trial court not to alter the nature of the suit or defeat any right of plaintiff or cause the mis-joinder of cause of action or of parties. The complete adjudication on the questions in­volved and avoidance of multiplicity of pro­ceedings is seen through impugned order equally the ground to allow transfer of parties from plaintiffs side to defendants side, after the trial court found their original joinder as Co-plaintiffs, improper. The costs have been awarded for moving the application for trans­position of parties belatedly. 5. The order appears to have been passed within cofines of jurisdiction. It does not suffer from any legal infirmity. The revision is dismissed, as not merited. Inform court below of this order. Send back the record.