Law: Civil Procedure Code (V of 1908)

Section: 100

Civil Procedure Code (V of 1908)--- ---- S. 100 --- Second appeal---During pendency of appeal, respondent died and application for bringing on record his legal representatives was submitted before Appellate Court by appellants after about two years from his death --- Said application was accompanied with another application for condonation of delay in filing application and for setting aside of abatement --- Applications were resisted on behalf of legal representatives of deceased respondent alleging that appellants as well as deceased respondent were members of same brotherhood and were related to each other, that funeral procession of deceased respondent was duly attended by appellants, so they were fully aware of his death --- Contention that respondent 'was a Lambardar of village and necessary steps were taken by Authorities for appointment of Lambardar in his place and in those proceedings 'Mushtri Manadi was made as to death of respondent and appointment of Lambardar in his place --- Assertion of legal representatives of deceased respondent having not been controverted by appellants, their contention that they did not come to know of death of deceased respondent, could not be believed-- No ground for setting aside abatement and for condonation of delay in filing application to bring on record legal representatives of deceased respondent, having been made out, applications riled by appellants were dismissed. Niamat and another v. Allah Banda and another 1984 S C M R,321 ref. Ch. Mushtaq Ahmad Khan for Appellants. Shehzad Shaukat for Respondent. Date of hearing: 4th March, 1991. JUDGMENT This secon4 appeal under section 100, C.P.C. was directed against the judgment and decree dated 16-4-1969 whereby the decree of dismissal of suit was set aside, the appeal was accepted and the suit of pre-emption filed by Lehr Din respondent was   decreed. During the pendency of the appeal Lehr Din respondent died on 12-5-1971; the appellants submitted an application (C.M.478/73) for bringing on record the legal representatives of Lehr Din plaintiff-respondent on 3-1-1973; this application was accompanied with another application (C.M.479/73)' for…