Law: Supreme Court Rules, 1956

Section:  O. V, r. 2

Supreme Court Rules, 1956  O. V, r. 2-Review-Condonation of delay-Delay already con doned as respects one appellant-Delay as respects another appel lant (petitioner) also condoned to allow appeal to proceed as a whole and not partially. Dates of hearing : 28th February and 1st March 1974.                                                                                                                       ORDER MUHAMMAD GUL, J.-This is an application under Order V, rule 2 of the Supreme Court Rules, 1956, by Syed Muhammad Zaki, one of the two appellants in Civil Appeal No. 3 of 1968, praying for a re-consideration of the order dated 24-5-1973, by one of us, dismissing the petitioner s applica tion under Order XVI, rule 9, for impleading the legal representatives of Maqsood Ali deceased the principal respondent in the appeal. The application was dismissed on the ground that it was beyond time by 286 days and no cause was shown for condoning this long delay, and, therefore, qua the petitioner, the appeal had abated. By the same order, however, delay was condoned as respects the other appellant, namely. Syed Shafqat Ali (respondent 3 herein) so that the said appeal proceeds on merits so far he is concerned: From the evidence produced in the proceedings, in the application for impleading the legal representatives, it stands clearly established that Maqsood Ali Khan, respondent. died on 15-4-1970, at 47, Montgomery Road, Lahore, which incidentally is the subject-matter of the dispute in appeal between the parties. The petitioner's family lives on the first floor of the same house, while that of the deceased on its ground floor. The prescribed period of ninety days for application for the relevant purpose expired on 14-7-1970, but the petitioner and his co-appellant did not apply until 26-4-1971 for bringing the legal representatives on the record and for condonation of…