Law:

Section:

Civil Procedure Code (V of 1908) O. XXII Abatement of suit Sale of property to joint purchasers without specification of share purchased by each vendee and without apportionment of consideration paid by them Such sale indivisible ¬Death of one co purchaser during pendency of suit Held, resulted in total abatement of suit. [Abatement]. Abdullah and 3 others v. Abdul Karim and others P L D. 1968 S C 140 and Ahmad and others v. Ghulam Haider 1972 SCMR 357 ref. Q. M. Salim, Advocate Supreme Court and S. Wajid Hussain, Advo¬cate on Record for Petitioners. Nemo for Respondent. Date of hearing: 3rd February 1980. ORDER KARAM ELAHEE CHAUHAN, J. Allah Bakhah petitioner No. 1) and Faiz Muhammad alias Faiz Bakhsh (petitioner No. 27 (deceased) (now represented by his legal representatives) filed a suit against Ghulam Shabbir Shah (defendant/respondent) for a declaration that they were the owners in possession of the land in dispute described more fully in their plaint on the basis of some alleged verbal sale which according to them took place in May, 1954. The suit was dismissed by the learned Civil Judge, on 7 3 1960. The first appeal of the plaintiffs/petitioners also met the same fate and was dismissed by the learned Additional District Judge on 19 12 1960. 2. The petitioners filed a second appeal being R. S. A. No. 158/1961, in the High Court. During the pendency of that appeal the co plaintiff Faiz Muhammad alias Faiz Bakhah died somewhere in year 1967 and even though the objection on that basis regarding abatement of appeal was taken in year 1973, but no steps were taken by the petitioners to rectify the same or to bring his legal…

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