Naeem Abbas vs Altaf Hussain S — 2026 YLR 536 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 536 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: Naeem Abbas vs Altaf Hussain S
Subject matter: Civil
Provisions referred to: S. 107; S. 42---C; Specific Relief Act (I of 1877)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Naeem Abbas VS Altaf Hussain S.107, O.XLI, Rr.23, 24 & O.I, R.10---Specific Relief Act (I of 1877), S.42---Claim of share in grandfather's property---Failure to implead all legal heirs---Remand order--- Plaintiffs filed suit for declaration claiming inheritance shares in estate of their grandfather and sought correction of revenue entries and mutations relating to suit property--- Trial Court dismissed suit partly on ground that all legal heirs of deceased grandfather had not been impleaded as necessary parties--- During appeal, additional legal heirs were impleaded and appellate court remanded case to Trial Court for fresh decision--- Question arose whether appellate court should have decided matter itself under S.107 and Order XLI Rule 24 CPC or remanded case after impleadment of new parties--- Held: Newly added parties had neither filed written statements nor produced evidence and were entitled to fair opportunity to contest proceedings--- Under S.107 and Order XLI Rule 24 CPC, appellate court may decide case itself where sufficient material exists; however, rights of newly added parties must be protected--- Where parties are added at appellate stage, opportunity to file pleadings and lead evidence is mandatory--- Remand order under Order XLI Rule 23 CPC was proper and appeal was dismissed.

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