Law:

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Civil Procedure Code (V of 1908), O. XLI, r. 20-Impleading of interested parties-Appeal filed by K (pre-emptor) impleading vendee and A and S (other pre-emptors) Appeal also by A and legal representatives of S on S's death - Application for impleading legal representatives of Sin appeal by K-Contention raised that K having filed appeal against dead person (viz. S) legal representatives of S could not be impleaded under O. XLI, . 20-Held, A and legal representatives of S also having filed appeal, defect in K's appeal stood cured and legal representatives of S rightly impleaded in appeal-Punjab Pre-emption Act (I of 1913), Ss. 7 do 28. Muhammad Jamil v. The Chairman, Industrial Court, West Pakistan and another P L D 1964 S C 559 ; The Province of East Pakistan v. Alajor Nai,ab Khc. waia Hasan Askary and others P L D 1971 S C 82; V. P. R. V. Chocicaltngam Chet ti: v. Seethai Ache and others A I R 1927 P C 252; Muhammad Gut and others v. Mst. Gul Marjan and others P L D 1964 Pesh.187 and Labhu Ram and others v. Ram Partap and others A I R 1944 Lah. 76 distinguished. ORDER WAHEEDUDDIN AHMAD, J.-The property in dispute is land measuring 116 kanals and 13 marlas, which was purchased by the petitioner by a registered sale deed dated the 23rd January 1962. Respondent No. 2 and the predecessor-in-interest of respondents Nos. 3 to 8, namely, Ashiq Muhammad and Sher Muhammad, instituted a suit for pre-emption on the 17th October 1962. Respondent No. 1 Malik Khan Muhammad also instituted a suit for per-emption on the 22nd January 1963. The two suits were consolidated under section 2 8 of the Punjab Pre-emption Act and were dismissed on the 21st November 1969, on the ground that the pre-emptors had no better right of pre-emption. On the 9th December 1969, Sher Muhammad one of the co-plaintiffs in the first suit, died. On the 9th January 1970, Malik Khan Muhammad filed an appeal impleading the vendee-petitioner and Asbiq Muhammad and Sher Muhammad as parties to the appeal. Subsequently, Ashiq Muhammad and the legal representatives of Sher Muhammad also filed an appeal. On the 16th February 1970, an application was made for…

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