Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXII, Rr. 2 & 3, O. XLI, R. 1 & O. XLII, R. 1---Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK), Ss. 4 & 6---Suit for pre-emption---Right of prior purchase---Two pre-emptors---Appeal---Requirements---Application for impleadment of legal heirs of appellant---Non-deposit of decretal amount---Re-construction of record of appeal---Scope---Suit was decreed in favour of two pre-emptors in the order of preference but plaintiff did not deposit the decretal amount and her suit was dismissed---Record of appeal was burnt to ashes and application for re-construction of the same was filed---Appellant, during pendency of appeal, expired and application for impleadment of her legal heirs was moved---Validity---Application for impleadment of legal heirs of deceased appellant was time barred and no reason was assigned in the said application nor any evidence or document had been placed on record---Legal heirs of the appellant could not be allowed to be impleaded as appellants---Appeal of appellant stood abated in toto---Copies of and decree of the Trial Court were not placed on record---Appellant was second decree holder---Copy of of Trial Court was not appended with the memo of appeal though same was mandatory requirement---Appeal was liable to be dismissed under O. XLI, R. 1 and O. XLII, R. 1, C.P.C. ORDER SARDAR ABDUL HAMEED KHAN, J.---Brief facts of the instant appeal are that the appellant Hassan Noor, instituted before the Civil Judge Bagh on 20-7-1982, a suit for possession on the basis of right of prior purchase pertaining to land measuring 8 kanal 3 marlas survey Nos. 657, 658 situated in village Banni Passari, Tehsil and District Bagh against Haji Said Hussain (vendee/purchaser) and some others, which was transferred through sale deed dated 20-7-1981. One Shama Begum also instituted a suit. After consolidation of the suits of both the pre-emptors were decreed in their favour in the order of the preference. The plaintiff Shamma Begum was ordered to deposit the decretal amount till 3-3-1987 and in case of her failure, the present appellant was directed to do the needful. It is stated that Shamma Begum…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492