Law:

Section:

(a) Civil Procedure Code (V of 1908)--0. XXII, rr. 2 & 3-Abatement-Whether suit or appeal abates totally or partially-Test. The test to see whether the suit or appeal abates as a whole or only in part is to find out if the suit, in the first instance, could have been instituted and prosecuted with the deceased plaintiff left out. In other words, if the plaintiffs could file separate suits then the abatement will only be in part. The same criterion will apply to an appeal. If, on account of partial abatement, it becomes, for any reason, impossible to proceed with the suit to its final conclusion, the entire suit will fail. The reason being that no decree can be passed or given effect to in so far as the rights of the patties actually before the Court are concerned, without interfering with the interest of the legal representatives of the deceased party not brought on record, However, if this is not so then the suit abates partially. (b) Punjab Pro-emption Act (I a 1913) - -- Ss. 4 & 15-Right of pre-emption--A personal right-Any person having a right to pre-empt-Can file a suit for pre-empting sale of property-Number of persons having a right of pre-emption being more than one, such persons can join as plaintiffs to seek same relief-Right of pre-emption being personal, each one of persons having a right to pre-empt entitled to prosecute suit to same extent as others-­Withdrawal or death of any one of appellants pre-emptors without a his legal representatives being brought on record, held, would not adversely affect rights of others and appeal would abate only partially acid not totally-[Sheikh Inayat Ali v. Ghulam Muhammad and others 1976 S C M R 121 dissented from]. Sheikh Inayat Ali v. Ghulam Muhammad and others 1976 S C M R 121 dissented from. Wali and others v. Manak All and others P L D 1965 S C 651 distin­guished. ' Mahadeo Singh v. Talib Ali and others A I R 1928 All. 345 ; Muhammad Wajid Ali Khan v. Puran Singh and others A I R 1919 P C 58 and Jalla and others v. Nauranga and others P L D 1945 Lah. 245 referred with approval. Maulvi Sirajul Haq, Advocate and M. Afial Siddiqi, Advocate-on-Record for Appellants. Said Akbar, Senior Advocate and…

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