Law: Civil Procedure Code (V of 1908)

Section: ------- O. XXII, rr. 4, 9

(a) Civil Procedure Code (V of 1908), O. XXII, rr. 4 & 9 Application, filed after prescribed period, for impleading legal representatives of deceased-May be treated as application for setting aside abatement. All procedure is for advancement of justice and not to stifle justice. There is ample authority for the view that an application filed after the prescribed period for impleading legal representatives of a deceased party may be treated as an application for setting aside the abatement and there could be no hesitation in holding that the application filed under Order XXII, rule 4 may be treated as one under Order XXII, rule 9, C. P. C. The argument that ignorance of death is no excuse is not of much avail because no hard and fast rule can be laid down for the purpose and each case has to be decided on its own facts as to whether the belated approach for setting aside the abatement has been sufficiently explained. Punjab Province v. Sultan Khan and others P L D 1959 Lah. 500 ref. (b) Letters Patent (Lahore), Cl. 10-Letters Patent Appeal ---New plea-Ordinarily not open to parties to raise a contention not pressed before Court from whose judgment appeal preferred ----Question of law going to root of case may be permitted to be raised as an exception to rule but mixed question of law and fact cannot be allowed to be raised for first time in Letters Patent Appeal-Whether property had been partly converted into industrial concern ; extent of its conversion and effect of entitlement for its transfer under Displaced Persons (Compensation and Rehabilita tion) Act, 1958-A mixed question of law and fact-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched, para. 15(3) read with Press Note dated 3-5-60. Ordinarily it is not open to the parties In a Letters Patent Appeal to raise a contention which has not been pressed before the Court from the judgment of which the appeal is preferred. Questions of law going to the root of the case have been permitted to be raised as an exception to the rule enunciated above. In a Letters Patent Appeal the whole case is reopened for adjudication but the case is reopened as it was presented to the Single…