Law: Civil Procedure Code (V of 1908)

Section: 2

  Civil Procedure Code (V of 1908)--- ---- 0. XXII, R. 3 [as substituted by Law Reforms Ordinance (XII of 1972)]-- Death of sole plaintiff ---No intimation given to Court about the death of party/parties to suit ---Effect --- Where no intimation was given about the death of party to suit, Court could proceed with the suit and any order or judgment made in such circumstances would be valid and binding on the parties, as if death had not taken place. Civil Procedure Code (V of 1908)--- ---- 0. XXII, Rr. 3,4 & S.2(14)&(9) --- Limitation Act (IX of 1908), Art. 171-- Terms "order" and "judgment" as defined in S. 2(14) and S. 2(9), and used in OXXII, R.3(2) and 4(3), C.P.C., contemplated adjudication on merits-- Article 171, Limitation Act prescribed 60 days from the date of such order passed on merits for setting aside of same --- Order for dismissal of suit for non-prosecution was an order for dismissal of suit for default, in appearance which was not contemplated in Rr. 3 & 4 of Order XXII, Civil Procedure Code. Molvi Noor Ahmad v. Qari Raza-al-Mustafa Azami and 3 others 1989 CLC 1439; Mst,Iffat Masood and 2 others v. Rehmat Ali PLD 1990 Lah. 359 and Mst. Umatullah v. Maqbool Hussain and 4 others 1990 MLD 2263 ret W Civil Procedure Code (V of 1908)... ---- OXXII, R. 9(2) [as amended by Code of Civil Procedure (Amendment) Act, 1989 (IV of 1990), S.2(a)] --- Limitation Act (IX of 1908), S.5 --- Provision of S.5, Limitation Act, 1908, was made applicable to applications under R.9(2) of OXXII, Civil Procedure Code, from the date of enforcement of Code of Civil Procedure (Amendment) Act, 1989. Muhammad Zaheer for Petitioner. ORDER This petition under Article 199 of the Constitution was against an order of Additional District Judge, Sialkot dated 16-12-1992 affirming an order of the trial Court passed on 24-9-1992 restoring the plaintiff's suit for recovery of possession of a piece of property in Sialkot City for its trial on merits in accordance with law.   Brief facts of the case are :- Suit for possession based on title was instituted by Mst. RAmat Bibi on 17-5-1990 against Muhammad Riaz petitioner in the Civil Court at…