SULTAN KHAN Vs. REHMAN KHAN

JUDGEMENT

(1.) IN a suit for declaration and injunction filed by the present applicant/plaintiff against his own brother claiming title on the basis of a will, as alleged, the sister and the nephews moved an application for their joinder that as their rights would be adversely affected and they have right in the property, they be joined in the suit. The trial Court permitted the said persons to be joined as parties. Being aggrieved by the said order, the plaintiff has filed this revision petition. Submission of the learned counsel for the applicant is that the plaintiff is not seeking any relief against the sister and nephews, neither they are necessary parties nor proper parties. He submits that the Court below could not allow the application.

(2.) IN the opinion of this Court, when the plaintiff is seeking a declaration of title over the property then in such a suit all co -sharers residuries and co -owner would be necessary parties because any declaration P -11 in favour of one of the brother is certainly going to affect their rights. It may be true that the judgment may not bind such persons who are not parties to the suit, but at the same time it also cannot be lost sight of that such persons would be required to institute another suit to establish either title and it would lead to multiplicity of the litigation. Considering the totality of the circumstances, I am of the opinion that the trial Court was not unjustified in granting the application. The petition is dismissed.