Law: Civil Procedure Code (V of 1908)

Section: O. XXII, rr. 4, 11

Law: Constitution of Pakistan, 1962

Section: 98

Letters Patent (Lahore) CI. 10 read with Civil Procedure Code (V of 1908), O. XXII, rr. 4 & 11 and Constitution of Pakistan (1962). Art. 98-Provisions of O. XXII, C. P. C. applicable to writ proceedings and to Letters Patent Appeal-Respondent dying pend ing Letters Patent Appeal arising out of writ petition-No applica tion for substitution of deceased made within prescribed time Appeal, held, abated-Limitation Act (IX of 1908), Art. 177. The word "appeals" appearing in rule 11. Order XII of the Civil Procedure Code, 1908 is intended to include within its scope appeals entertained under clause 10 of the Letters Patent (Lahore). The provisions of the Civil Procedure Code, 1908 are applicable to proceedings under Article 98, Constitution of Pakistan (1962) and to Letters Patent Appeals. Therefore, a writ petition or a Letters Patent Appeal arising from a writ petition will abate under Order XXII, C. P. C. if an application for the substitution of the legal representatives is not made within 90 days under Article 177 of the Limitation Act, 1908. Chand v. Abdul Ghaffar P Lip 1965 Lah. 596 distinguished. Abdul Ghani v. Settlement Commissioner P L D 1971 Lah. 59 and Abdul Ghani v. Settlement Commissioner 1971 S C M R 98 ref. Dates of hearing: 20th and 21st January 1972.                                                                                                              JUDGMENT SARDAR MUHAMMAD IQBAL, J.-----By the order of the Settlement Authority the premises in dispute were transferred to Khuda Bakhsh. Haji Abdul Karim appellant challenged the order through W. P. No. 1956/R of 1962. The writ petition was dismissed on 13-10-1965. He preferred the Letters Patent Appeal against that order which was admitted to regular hearing on 25-2-1966. Khuda Bakhsh respondent died on 7-2-1967. The appellant submitted C. M. No. 4122 of 1967 under Order XXII, rule 4 read with section 151, C.…