Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O. XXII, Rr.4 & 9---Suit for specific performance of agreement to sell---Legal heirs, impleading of---Limitation---Causing of delay---Scope---Defendant died during pendency of the suit and his legal heirs mentioned in list were impleaded---Five months after death of defendant, one daughter of deceased filed application to be impleaded, later on it discovered that deceased had a widow and two more daughters as legal heirs---Plea raised by plaintiff was that legal heirs of deceased were using delaying tactics to prolong litigation---Validity---Held, it was clear from day one that it was suit for specific performance in respect of suit property and rights and interest of all legal heirs would be affected, therefore, it was wrong that some legal heirs were subsequently revealed---Even deceased knew fully well that rights and interests of all legal heirs were involved but even then he did not disclose names of all legal heirs in List of Legal Heirs---Notice was issued to National Database and Registration Authority, as legal heirs of deceased were not coming forward with true and correct facts---Seeking condonation of delay, each day's delay was to be explained, which had not been done by legal heirs---No plausible reason was advanced for condoantion of delay of over two years---Application filed by legal heirs was barred by limitation---Application was dismissed in circumstances. Saifuddin v. Zainuddin and another 1995 CLC 1348 rel. Muhammad Akhlaq v. Karam Ali Tar Muhammad 1984 CLC 2564; Nizamuddin v. Settlement Commissioner and others PLD 1973 Lah. 573; Fazal Muhammad through L.Rs. and others v. Zainab Bibi and others 1994 SCMR 275 and Khushi Muhammad v. Mst. Aziz Bibi PLD 1988 SC 259 ref. THIS ORDER PASSED BY: SADIQ HUSSAIN BHATTI, J.--- C.M.A. No. 2701 of 2013: This is an application for condonation of delay with prayer to extend the time for filing application under Order XXII, Rule 4, C.P.C. Facts relevant for disposal of this application are that the plaintiff filed the present suit for specific performance against one Muhammad Masood Ali Siddiqui in respect of property…

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