Law: Civil Procedure Code (V of 1908)

Section: O.XXII,Rr.3,Rr.4,O.VII,R.26,151

Law: Limitation Act, 1908

Section: 5,29(2),176,177

(a) Civil Procedure Code (V of 1908)--- ----O. XXII, Rr.3 & 4 & O. VII, R.26---Limitation Act (IX of 1908), Arts.176 & 177 & S. 5---Appeal---Death of a party---Impleadment of legal heirs---Limitation---Condonation of delay---Applicability of S.5 of Limitation Act, 1908 to the application under O.XXII, Rr.3 & 4, C.P.C.---Scope---Provisions of S.5 of Limitation Act, 1908 were applicable to the application under O.XXII, Rr.3 & 4, C.P.C---Application for impleadment of legal heirs of deceased was to be made within ninety days which period would be computed from the date of death of deceased---Court might implead legal representatives of the deceased suo motu according to the list given by the plaintiff accompanied with the plaint---Deceased was not co-plaintiff in the suit and no list was given under O.VII, R.26, C.P.C.---Legal representatives of deceased were not aware of pendency of present appeal---Unless legal heirs were aware that their deceased predecessor had brought action in a particular court they would not be able to make an application for making them party in the matter---Sufficient cause had been shown for not making the application for impleadment by the legal heirs of the deceased within prescribed period---Legal representatives of the deceased were directed to be impleaded as appellant in the appeal---Appellant was directed to file amended title within one week thereof---Application for impleadment as legal heirs was allowed in circumstances. Shabbir Ahmed and another v. Nazir Ahmed and others 2000 MLD 702 ref. (b) Limitation Act (IX of 1908)--- ----Art. 176---Civil Procedure Code (V of 1908), O. XXII, R. 3(2)---Death of a party---Impleadment of legal heirs---Limitation, commencement of---Legal heirs of deceased could be impleaded within ninety days which period would be computed from the date of death of deceased. (c) Limitation Act (IX of 1908)--- ----Ss. 5 & 29(2)---Limitation---Condonation of delay---Scope---If statute governing the proceedings did not prescribe period of limitation then proceedings instituted thereunder should be controlled by the Limitation Act, 1908 as a whole---Where law under which proceedings…

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