Law:

Section:

Civil Procedure Code (V of 1908)- -- O. XXII, r. 4, O. XLI, r. 20 read with S. 153--Legal representatives impleading of-District Judge allowing to implead legal representatives of plaintiff respondent, he having obtained ex parte decree against appellants on ground of such plaintiff-respondent having died before institution of appeal and his legal representatives being brought on -record after expiry of period of limitation Appeal having been presented before District Judge after death of plaintiff-respondent, '"t question of bringing his legal representatives on record did not arise Question, on other hand, related to validity of institution of appeal itself-Order XXII, r. 4 or Order XLI, r. 20, held, not applicable to case in circumstances but case one of S. 153 to allow appellants to amend plaint and implead legal representatives of deceased respondent-Appeal accepted, appellant given chance to amend his grounds of appeal by impleading legal representatives of deceased plaintiff-, respondent and to move application for condonation of delay-Appeal: directed to be 'gone into on merits only in case of condonation of delay being ordered by District Judge. Gopalakrlshnayya and another v. Lakshmana Bao A I R 1925 Mad: 1910 fol. Labhu Ram and others v. Ram 'Partap arid others A I R 1931 Lah. 76; Qasim Khan and another v. Mst. Malkai and others P L D 1963 Pesh. 58 and Muhammad Jamil v. Chairman, Industrial Court, West Pakistan P L D 1964 S C 559 distinguished. JUDGMENT Niamatullah and others have moved this appeal against the older dated 30-3-68 of the District Judge, Darajat as they are not satisfied with the refusal of the learned District Judge to allow the impleadment of the legal representatives of Ghulam Sarwar plaintiff-respondent who was successful in obtaining an ex parte decree against them on ground that Ghulam Sarwar died before the institution of the appeal and his legal representatives were being brought on the record after the expiry of the period of limitation. 2. It is contended on behalf of the appellants by Mr. Mahfooz Khan, Advocate that the view of the learned District Judge is erroneous for when the appeal was presented before him the…

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