Law: Civil Procedure Code (V of 1908)

Section: O. XXII, r. 24, r.4

Law: Limitation Act (IX of 1908)

Section: 171, 177

  (a) Civil Procedure Code (V of 1908)  O. XXII, r. 24 and Limitation Act (IX of 1908), Arts. 171 8c -177-Abatement-Mortgagee dying during pendency of appeal Applications for bringing on record his legal representatives and for setting aside abatement not in time-Late submission of applications without explanation for each day's delay, held, sufficient for refusal to set aside abatement.-[Abatement of appeal mortgagee]. (b) Civil Procedure Code (V of 1908)  O. XXII, r. 4-Abatement-Separate mortgage deed in favour of dece4sVd mortgagee-Each mortgagee raising separate house over portions mortgaged-Held Decree cannot be held indivisible in such circumstances-Held further deceased mortgagee could file a separate suit in regard to portion of property mortgaged to him without impleading other plaintiffs as parties and other plaintiffs could also file separate suits without impleading deceased mortgagee-Deceased mortgagee in circumstances not a necessary party, at least to such suit.- [Abatement of appeal-Mortgage]. Shah Muhammad v. Muhammad Bakhsh P L D 1972 S C 321 ; ,Alam Khan v. Mastan Shah P L D 1969 Pesh. 234 and Ghulam Haider v. Raj Bharl P L D 1973 Lah. 372 ref. Date of hearing : 24th September, 1979.                                                                                                                               JUDGMENT This judgment will dispose of Civil Revision No. 434 of 1972 and F. A. O. No. 106 of 1972, since both the matters arise out of the same judgment of Mr. Muhammad Islam Bhatti, Additional District Judge, Lahore, dated the 3rd May, 1972. 2. The facts are that Shadi respondent in the revision petition and appellant in the appeal, mortgaged different portions of an area of 2 kanals, 10 marlas separately to different persons including one Arurra. The mortgage in favour of Arurra was of a specified area of 4…