Law: Civil Procedure Code (V of 1908)

Section: O. XXII, r. 9 (2)

  Civil Procedure Code (V of 1908), O. XXII, r. 9 (2) Abatement-Plaintiff not negligent in bringing legal representatives on record within time-Sufficient cause held out for not applying for setting aside of abatement in time-Court can set aside abatement-Counsel for plaintiff getting notice of death of one of defendants in previous suit but not informing his client-Omis sion not lack of duty, though amounting to lack of extra-vigilance --Rule of procedure of High Court where counsel practising previously different --- Presumption of counsel's being misled- Presumption that knowledge of counsel is knowledge of plaintiff --- Rebuttable --- Abatement set aside in circumstances of case.   Dinabandhu Sahu v. Judamoni Mangaraj and others A I R 1954 S C 411 rel.   JUDGMENT   This is an application of the plaintiff's for setting aside the abatement which has resulted from the death on the 5th of December 1957, of Mst. Khatija Bai, defendant No. 1.   The application has been well argued by counsel for the parties and with commandable thoroughness by counsel for the plaintiffs. Various aspects that are involved in the consideration of the application have been discussed with reference to a number of facts making it necessary that the background should be stated in some detail.   The suit is for a declaration that a wast and valuable piece of land measuring about400 acres, which forms a part of the suburbs of Karachi and is shown in the plan annexed to the plaint, belongs to the plaintiff's, namely the Sind Industrial Trading Estates, Limited. Defendants Nos. 1 to 6, who are the heirs of one Umedali Shah, admittedly reside on itand claim to be Its owners. In exercise of this claim, they have sold and given on lease many plots of land to several persons, among whom are defendants Nos. 7 to 12. The plaintiffs, therefore, further claim that defendants Nos. 1 to 6 be restrained from interfering with the proprietary rights of the plaintiffs and that possession should be taken from defendants Nos. 7 to 12 of those plots of land which have been transferred to them and on some of which they have erected superstructures. Mst. Khatija Bat…