Law:

Section:

(a) Civil Procedure Code (V of 1908)--- O. XXII, r. 4 and Limitation Act, (IX of 1908), Art. 177 read with High Court (Lahore) Rules and Orders, Vol. I, Chap. I-C, r. 16-Writ Legal representatives, impleading of-Limitation-Civil Procedure Code, 1908, being applicable to proceedings under writ jurisdiction, it also applies to Letters Patent Appeal arising from writ jurisdiction-Provisions of O. XXII, r. 4 of Civil Procedure Code, 1908, as also Art. 177 of Limitation Act, 1908, held, applicable to application for bringing on record legal representatives of deceased respondent in appeal under Letters Patent and such application to be made within 90 days of death of respondent. Sabitri Thakurain v. Savi A 1 R 1921 P C 80; Hansraj v. Dehra Dun M. E. T. Co. A 1 R 1933 P C 63; Bhagwan Singh v. Additional Director, Consolidation A I R 1968 Pb. 360; Babubhai v. Nandlal A I R 1974 S C 2105; Ram Kala v. Consolidation of Holdings [A I R 1977 Pb. 87; Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1; Mukha v. Rifat Pasha 1972 S C M R 514; Amanullah Khan v. Member, Board of Revenue (Consolidation), Punjab 1981 S C M R 777; Chand v. Abdul Ghaffar P L D 1965 Lah. 596; Abdul Ghani v. Settlement Commissioner 1971 S C M R 98; Abdul Karim v. Chief Settlement Commissioner P L D 1973 Lah. 325; Ghulam Rasool v. Chlragh Din P L D 1973 Lah. 567; Sirajul Hasan v. Settlement Commissioner P L D 1974 Lah. 1285 and Jalal Din v. C. S. C., Lahore 1974 Law Notes 151 ref. (b) Civil Procedure Code (V of 1908)-- -- O. XXII, r. 4 and Limitation Act (IX of 1908), Art. 177 read with Law Reforms Ordinance (XIL of 1972)-Legal representatives, impleading of-Limitation-Contention that Law Reforms Ordinance, 1972 having come into force on date when High Court held appeal to have abated and provision of Code relating to abatement of appeal having been omitted by such Ordinance, High Court should have implemented spirit of new law instead of following old one-Abatement having already set in much before coming into force of Law Reforms Ordinance, 1972 and such Ordinance being not retrospective in operation, contention without any substance and matter to be decided according to law then existing.…

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