Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 19(18)--- ----0. 1, R.10---No action can be brought against a dead person. Civil Procedure Code (V of 1908)--- ----OXXII, R.1---Object of OXXII, C.P.C.---Object of provisions of O. XXII, Civil Procedure Code, 1908, is to decide an action by providing an opertunity of hearing to parties whose interest or right was in dispute so that no party could be condemned unheard---Death of a party during pendency of suit---Effect---One of the parties having died during pendency of an action, unless legal heirs/successors-in-interest of such person were arrayed in proceedings, action could not continue---Where sole defendant had died, unless his legal heirs were brought on record within statutory period suit could not proceed against a dead person---Legal heirs of deceased defendant if any, have necessarily to be impleaded to enable Court to adjudicate upon the controversy raised before it conclusively and effectually. Civil Procedure Code (V of 19(18)--- ----OXXII, R.1 & S.151---Two suits, brought by parties, against each other were consolidated on the ground that parties in both the suits were common as also subject-matter of dispute---Controversies raised in both suits were identical-- Impleading of legal heirs of deceased party in either of the suits by either of the parties, would serve the purpose and satisfy requirement of law as contemplated under provisions of OXXII, C.P.C.---Legal heirs of deceased party being already before the Court in one of the suits; there was no need to make a formal application to substitute them in the other suit. 1970 S C M R 554; P L D 1975 Kar. 530; 1976 S C M R 418; Inam Nabi Pardesi's case P L D 1975 Kar. 530; .Ghulam Abbas's case 1969 S C M R 257 and Haq Nawaz's case 1970 S C M R 554 ref. Civil Procedure Code (V of 1908)--- ----OXXII, R.1 & S.115---Two suits between the same parties and relating to same subject-matter having been consolidated, legal representatives of one of the deceased party brought in one case would represent their interest in the property, subject-matter of dispute in both the suits---Trial Court finding whereby it turned down petitioners' application for…