This constitutional petition has been filed against the order dated 13.04.201 1 passed by learned Addl. District Judge Multan whereby the order passed by the learned trial Court dated 17.04.2010 was set aside and petitioner's application under Order I, Rule 10, CPC was dismissed.
2. Relevant facts are that in a suit for declaration titled "Abdul Qayyum vs. Hameeda Bibi" filed by Respondent No. 2 against Respondent No. 3, the petitioner filed application under Order I, Rule 10, CPC to be impleaded as party . The said application was allowed by learned trial Court on 17.04.2010, however , learned revisional Court Set aside the order and dismissed the application through impugned order dated 13.04.201 1, hence this constitutional petition.
3. Learned counsel for the petitioner submits that petitioner (Fida Hussain) is the legal heir of Gul Muhammad who was owner of the property in question, therefore, petitioner is entitled to be impleaded as party in the suit. Learned counsel for the respondent on the other hand submits that said Gul Muhammad transferred the property vide Mutation No. 1492 dated 31.07.1962, therefore, petitioner has no right to be impleaded as party in the suit.
4. Arguments heard. The available record shows that the suit for declaration filed by Respondent No. 2 against Respondent No. 3 is in respect of land measuring 12-Kanal-lO-Marla in Khasra No. 1982 and 1988, land measuring 12-Kanal 06-Marla in Khasra No. 1989 and 08-Marla in Khasra No. 1983. The petitioner's claim is that he is legal heir' of Gul Muhammad who is owner of the suit property in view of Mutations No. 1109 to 1113 dated 16.08.1961. However the record shows that said Gul Muhammad transferred the said property through Mutation No. 1492 dated 31.07.1962 and in view of Mutation No. 1493, the said Gul Muha mmad had become "no owner".
Once Gul Muhammad had already transferred the property , the petitioner could not be impleaded as party to the suit on the basis of being legal heir of Gul Muhammad, who had no title to the property. The learned counsel for the petitioner could not show any document from the available record, whereby Gul Muhammad or petitioner has any existing claim on the suit property .
5. In view of above, the learned revisiona l Court has rightly set aside the order passed by the learned trial Court and dismissed the application under Order I, Rule 10, CPC. For reasons recorded above, this petition being merit less is dismissed.