Law:

Section:

Sardar Ghulam Mustafa Khan for Petitioner. Malik Muhammad Mansha Khan for Respondent No. 1. Nemo for Respondents Nos. 2 to 8. Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK) --------- ----------Ss. 4 & 6 --------- Civil Procedure Code (V of 1908), O. XXII, R. 4(3) --------- Suit for right of prior purchase --------- Death of one of the defendants during pendency of suit --------- Non-impleading representative-in-interest of deceased defendant --------- Abatement of suit --------- Scope --------- Defendant filed application for abatement of suit on the ground that legal heirs of other deceased defendant were not arrayed as party within time --------- Application for abatement of suit was dismissed concurrently --------- Validity --------- Amended provisions of O. XXII, R. 4(3), C.P.C. had retrospective effect --------- Suit filed by the plaintiff had not been abated due to death of one of the defendants --------- Revisions was dismissed with costs. Nizam Din and another v. Custodian and 15 others 2011 SCR 390; Haji through his legal heirs and others v. Khuda Yar through his legal heirs and others PLD 1987 SC 453; Sardar Noor Hussain v. Chief Settlement Commissioner and others PLD 1983 SC 62; Assistant Commissioner and others v. Abdul Ghaffar and others PLD 1994 Pesh. 161; Khan Muhammad Khan and 19 others v. Saif Ali and 22 others 1999 YLR 550; Muhammad Latif Khan and 15 others v. Muhammad Ashraf Khan and 3 others 1989 CLC 2402; Muhammad Yaseen and 9 others v. Mst. Begum Noor and 9 others PLD 1978 SC (AJK) 112 and Pakistan Industrial Development Corporation (PIDC) and another v. M. Iqbal Sole Proprietor of Messrs PEMSECO and 3 others 2015 CLC 1066 ref. Malick Hussain Shah v. Superintendent of Police Rangers 2014 SCR 1120; Mst. Hameeda Begum and another v. Mazhar Hussain and 40 others PLD 2009 SC (AJK) 1 and Abrar Hussain Shah v. The State 1992 SCR 294 rel. THIS ORDER PASSED BY: M. TABASSUM AFTAB ALVI, JUSTICE:---------- The supra titled revision petition has been directed against the impugned order dated 22-11-2004, passed by the learned Senior Civil Judge, Kotli, whereby an application for abatement of suit titled "Ch. Munshi Khan v. Muhammad…

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