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Civil Procedure Code, 1908 (V of 1908)-- ----O.I R. 10 & O.XX II R. 4--Right of prior purchase is sub-judice--Controversy of abatement--Order was passed to deprive rights of pre-emption--Validity of compromise decree was challenged--Due to non-impleading representative-in-interest, suit cannot be abated--Abatement only takes place in relation to deceased party--Suit can only be abated to extent of fractional share of deceased--Question of--Whether provisions shall run prospectively or retrospectively--Validity--Powers regarding abatement had been taken away from Court which amended provisions were also adapted in AJ&K--While exercising powers as visualized under Order I Rule 10 of CPC, legal representatives, who had been arrayed as respondents in instant revision petition were impleaded as defendants. ORDER 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 vs. Muhammad Rasheed and others" was disallowed. 2. The precise facts forming background of the instant revision petition are that a suit for declaration-cum-prior purchase was filed by Ch. Munshi Khan, respondent-plaintiff, challenging validity of a compromise decree dated 21.03.1994, allegedly passed to deprive his rights of pre-emption, before Senior Civil Judge, Kotli, on 20.04.1994. The claim of Ch. Munshi Khan, respondent-plaintiff, was that the aforesaid decree was in fact a sale deed for consideration of Rs. 2,75,000/-, however, vendor and vendee collusively managed and obtained the same in order to defeat his pre-emption right, hence, he solicited possession of suit land comprising survey Nos. 1431, 1880 and 1886 measuring 07 Kanals 01 marla situated in village Roli on the ground of right of prior purchase. During pendency of the aforesaid suit, Defendant No. 2, namely Punnu Khan, died on 07.08.1998. Consequently an application was preferred by petitioner-Defendant No. 1, Muhammad Rasheed, for abatement of suit as legal heirs of the deceased were not arrayed as party within time limit prescribed for the purpose, on 18.03.2002.…

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