Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XLI, R.1 O.XXII, R.4---Suit for specific performance of agreement to sell---Appeal against dead man--- Delay in filing of appeal---Suit was decreed in favour of plaintiff and appeal filed by defendant was dismissed by Lower Appellate Court as barred by time---Validity---Defendant had been appearing before Executing Court to contest execution petition, therefore, he was well within knowledge about death of decree holder---Defendant filed appeal on 16-1-2019 against the deceased who was no more in the mortal world since 10-8-2005---No appeal could be filed against dead person, therefore, time consumed during pendency of appeal against a dead person could not be condoned---Appeal which was though filed after withdrawal of earlier one on 5-3-2019 was considered as the first appeal and was barred by time---Delay in appeal was result of negligence of defendant who was well within the knowledge of factum of death of plaintiff---Lower Appellate Court rightly dismissed the appeal which was barred by time---Revision was dismissed in circumstances. JUDGMENT ATIR MAHMOOD, JUSTICE:---.--- -Brief facts of the case are that predecessor of the respondents namely Falak Sher filed a suit for specific performance of agreement to sell regarding property detailed in the plaint which was ultimately decreed vide judgment and decree dated 03.05.2005. 2. The petitioner filed petition for execution of the decree with the prayer to issue warrants of possession. During the pendency of the execution petition, Falak Sher died on 10.08.2005 whereupon amended execution petition was filed on 24.09.2005. 3. The petitioner filed objection petition before learned executing court mainly praying that the suit property is joint one and warrants of possession could not be issued without partition. After contest by respondent side, the objection petition was dismissed by learned Civil Judge, Pakpattan vide order dated 16.01.2019. The petitioner filed appeal on 19.02.2019 against the said order. On 05.03.2019, the petitioner withdrew the appeal with permission to file fresh one and re-filed the appeal on the same day, i.e. 05.03.2019. The said appeal was,…

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