Case Details

Citation(s)
1977 SLG 180 1977 SLD 180 1977 SCMR 323
Supreme Court of Pakistan
Civil Appeal No. 11 of 1970, decision dated: 17th June 1976
MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED, MUHAMMAD AFZAL CHEEMA AND DORAB PATEL, JJ
Masood Akhtar, Advocate-on-Record for Appellant. Bashir Ahmad Ansari, Advocate and Ch. Akhtar Ali, Advocate-on-Record for
Respondent

Seth AHMAD ALI

VS

MUHAMMAD RAMZAN

Law:

Section:

Constitution of Pakistan (1973)-- -- Art. 185--Appeal-Abatement-Condonation of delay--Appellant dying but application for bringing his legal representatives on record not fled for almost 4 years nor any heed paid to notices issued by Registry of High Court--Except vague assertions about ailment of members of family of deceased unsupported by medical certificates and their trained circumstances no satisfactory explanation of delay forthcoming-Appeal dismissed.-[ Abatement-Appeal (civil) ---Delay]. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-This appeal must fail on the prevalence of a preliminary objection. It is not disputed that Seth Ahmad Ali appellant herein died on 3-3-1972 and the application for bringing on record his legal representatives as not filed till 9-2-1976 almost four years after his death. It appears that having learnt about the death of the appellant, his learned counsel Malik Amjad Hussain informed the Registry by his applications dated 25-12-1974 that lie was trying to contact the A. O. R to take steps for bringing on record the legal representatives of the deceased appellant and yet nothing tangible appears to have been done till the Registry was constrained to issue a notice on 14-7-1975 which went unheeded. Notice was then…
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