Law: Civil Procedure Code (V of 1908)

Section: O.VII,XLI,R.1,2,20

Civil Procedure Code (V of 1908)--- ----O.VII, R.2 & O.XLI, R.1---Suit for recovery of amount---Appeal against original and decree---Competence---Trial Court decreed the suit---Daughter of deceased plaintiff who was equally a necessary party like other respondents in appeal filed by the defendants, was not impleaded as necessary party in appeal after period of limitation, which had rendered appeal incompetent---Appeal to the extent of respondent/daughter, was not only time-barred, but had also rendered the appeal against other respondents incompetent---On merits also the Trial Court, had rightly appreciated the evidence of the parties and decided all issues in the light of evidence recorded during trial and relevant provisions of law---Appeal was dismissed. 2001 MLD 1964; PLD 1988 SC (AJ&K) 156 and PLD 1982 SC 46 rel. THIS JUDGMENT DELIVERED BY: SHER MUHAMMAD KHAN, J.--- Brief facts of the instant regular first appeal are that respondents filed a recovery suit of Rs.40,00,000 (Forty lacs) against Ali Muhammad Jan predecessor of the appellants but before appearing in the trial Court he died and the suit was contested by appellants. According to the plaint the predecessor of plaintiffs/respondents purchased the shape of bungalow No 17 Survey No.180, D.I.Khan Cantt., described in the plaint vide agreement deeddated 23-9-1998 at the rate of Rs,15,00,000 per kanal. The area of the property is about 22 Kanals. Predecessor of respondents paid Rs.20,00,000 on the same dayi.e. 23-9-1998 vide Cheque No.33652117 of A.B.L. as earnest money to Ali Muhammad Jan predecessor of the appellants and it was promised to pay eighty lacs on or before 8-11-1998 and possession of the property would be handed over to plaintiffs/ respondents at the time of payment of Rs.80,00,000. The predecessor of plaintiffs/respondents, Islamuddin died on 13-10-1998 before the due date i.e.8-11-1998. After the death of Islamuddin his widow on her own behalf as well as on behalf of her minor children approached Ali Muhammad Jan many times for fulfilment of his obligations per terms of agreement dated 23-9-1998 but he failed to perform his obligations and by his conduct denied fulfilment of his…

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