| Citation(s) |
|---|
| 1975 SLG 3018 = 1975 SLD 3018 = 1975 SCMR 54 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 70 of 1974, decided on 7th October 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore dated the 11th January 1974, in Regular Second Appeal No. 343 of 1972).
Presented By: Muhammad Yaqub Ali Actg C. J. and Muhammad Gul, J
Raja Said Akbar Khan, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioners. Ehsanul Haq, Advocate Supreme Court instructed by Hamid Aslam, Advocate-on-Record for
Respondent.
Civil Petition for Special Leave to Appeal No. 70 of 1974, decided on 7th October 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore dated the 11th January 1974, in Regular Second Appeal No. 343 of 1972).
Presented By: Muhammad Yaqub Ali Actg C. J. and Muhammad Gul, J
Raja Said Akbar Khan, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioners. Ehsanul Haq, Advocate Supreme Court instructed by Hamid Aslam, Advocate-on-Record for
Respondent.
MEHTAB BEG AND 2 OTHERS--Petitioners
VERSUS
CHIRAGH ALI REPRESENTED BY (HEIRS)-Respondent
Law: Civil Procedure Code (V of 1908)
Section: O. XLI, r. 20, O. I, r. 10, 107, 151
Civil Procedure Code (V of 1908) O. XLI, r. 20, O. I, r. 10 read with Ss. 107 & 151-Legal represen tatives, impleading of-Petitioner's counsel not comparing typed memo. of appeal with copy of decree sheets in his possession and alleging omission to implead legal representatives being due to bona fide mistake of typist preparing memo. of appeal-Case not one of error on part of typist alone-Counsel equally to blame and peti tioners to suffer for this-Petition seeking leave to implead legal representatives at a belated stage, held, rightly rejected as time-barred. Date of hearing : 7th October 1974. ORDER MUHAMMAD YAQUB ALI, ACTG. C. J.-Chiragh Ali was one of the respon dents in the First Appeal filed by the petitioners in the Court of the Additional District Judge, Gujrat. On his death his legal representatives were impleaded as respondents. In the Second Appeal preferred by the petitioners in the High Court neither Chiragh Ali nor his legal representatives were impleaded. After a lapse of nearly one year. the petitioners moved an application in the High Court under Order XLI, rule 20 and Order I, rule 10 read with sections 107 and 151, C. P. C. for correction of the memorandum of appeal and…