Law: Civil Procedure Code (V of 1908)

Section:  O. XXII; rr. 3, 6, 96

(a) Civil Procedure Code (V of 1908)  O. XXII; rr. 3 & 6Abatement of suitPlaintiff dying after conclusion of evidence and before pronouncement of judgment Provisions of r. 3 cannot be attracted to such case and suit does. not abate. [Abatement of suit). Abdullah arid another v. Mian Tafuzzal Hussain and another P L D 1961 BJ58rtf. (b) Civil Procedure Code (V of 1908) O. XXII read with S. 96Abatement of appealClaim of ' several plaintiffs in suit based on mortgage deed containing joint and indivisible transactionDefendantsappellants knowingly failing to bring legal representatives of deceased plaintiff on panel of respondents in appeal within statutory periodHeld, condonation of delay rightly refused by District JudgeConclusion drawn by appellate Court that appeal abated upheld.[Abatement of appeal]. Date of hearing 23rd October 1979.                                                                                                                          JUDGMENT Muhammad Yousuf and 20 others (respondents) sued Allah Rakha and Muhammad  Akbar alongwith 13 others for possession of land measuring 27 kanals situated in village Koth Khudian of Pasroor Tehsil, District Sialkot. The suit was decreed on 1291963 by the trial Court. Against this, Allah Rakha and others, the present appellants (defendants) preferred an appeal in the Court of District Judge, Sialkot. During the pendency of appeal, the present appellants applied to the learned District Judge to declare the decree of the trial Court as nonexistent and nullity in the eye of law on account of abatement of suit d a' to the failure on the part of plaintiffs to bring the legal representatives of two deceased cuplaintiffs on the record before the trial Court within the prescribed period. The learned lower Appellate Court vide his order dated 331965 repelled that contention and held the suit…