Case Details

Citation(s)
1973 SLG 113 1973 SLD 113 1973 SCMR 298
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 373 of 1972, decision dated: 26th April 1973.(On appeal from the judgment and order of the Lahore High Court, dated the 25th May 1972, in Civil Revision No. 255 of 1969)
MUHAMMAD YAQUB ALI AND WAHEEDUDDIN AHMAD, JJ
S. M. Almas Ali, Advocate Supreme Court instructed by Ali Imam Naqvi, Advocate-on-Record for Petitioners. Abdul Haque, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for
Respondents

MUHAMMAD SHAM AND anothers

VS

MUHAMMAD MUSTAQEEM AND another

Law:

Section:

Civil Procedure Code (V of 1908), O. XXII, r. 9 & O. I, r. 10­Suit against dead person dismissed by trial Court as having abated-­Application under O. XXII, r. 9 for setting aside abatement-Not maintainable-No appeal filed against dismissal of suit-Order final and could not be reopened-Proper course: to have appealed against decree of trial Court and requested appellate Court to implead legal representative under O. I, r. 10. ORDER WAHEEDUDDIN AHMAD, J.-The petitioners entered into an agreement for sale of shop No. 122, Block No. 1, Bhalwal, District Sargodha, with Muhammad Mustaqeem respondent No. 1 on the 6th January 1960. This respondent sold the property in dispute to Khalida Begum respondent No. 2 and Mst. Chiragh Bibi in equal shares on the 11th May 1967. Thereafter, a suit for possession by specific performance of the contract was filed by the petitioners on the 1st September 1967, in which Mst. Chiragh Bibi, was also impleaded as a defendant. On the 16th September 1967, the process-server reported that Mst. Chiragh Bibi had died. On the 7th December 1967, an application was made under Order XXII, rule 3, C. P. C. praying that Muhammad Umar be impleaded as legal representative of Mst. Chiragh Bibi deceased. On the 26th February 1968, the trial Court dismissed the suit on the ground that it had abated. On the 22nd March 1968, an application was made under Order XXII, rule 9, C. P. C. for setting aside the abatement. This application was dismissed on the 28th June 1968. An appeal was filed against this order which was also dismissed. The matter was then taken to the Lahore High Court in Civil Revision No. 255 of 1969 which was dismissed on the 25th May 1972, by a learned Single Judge of the Lahore High Court. The petitioners seek permission to file an appeal against the said order. Mr. Almas Ali, learned counsel for the petitioners, has con­tended that the…
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