| Citation(s) |
|---|
| 1987 SLG 394 1987 SLD 394 1987 SCMR 1048 |
Supreme Court of Pakistan
Civil Appeal No. 132 of 1975, decision dated: 12-04-1987.(From the Order of the Lahore High Court, Lahore, dated 17-1-1975 passed in Applications C.M. 6 and 7 of 1974 in Writ Petition No. 1162-R of 1966)
MUHAMMAD AFZAL ZULLAH, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Muhammad Ali Zaidi, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record (absent) for Appellant. Hasan Ahmad Khan Khanwar, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record (absent) for
Respondents Nos. 1 to 4. Rao M. Yousuf Kh
Civil Appeal No. 132 of 1975, decision dated: 12-04-1987.(From the Order of the Lahore High Court, Lahore, dated 17-1-1975 passed in Applications C.M. 6 and 7 of 1974 in Writ Petition No. 1162-R of 1966)
MUHAMMAD AFZAL ZULLAH, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Muhammad Ali Zaidi, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record (absent) for Appellant. Hasan Ahmad Khan Khanwar, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record (absent) for
Respondents Nos. 1 to 4. Rao M. Yousuf Kh
GHULAM MUHAMMAD
VS
Mst. SHAMIM AKHTAR and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-----O.XXII, R.4--Limitation Act (IX of 1908), Art. 177, Sched. I--Constitution of Pakistan (1973), Arts. 185(3) & 199--Abatement of writ petition--Promulgation of Law Reforms Ordinance, 1972--Effect of--Leave to appeal granted to examine whether on account of promulgation of Law Reforms Ordinance, 1972 abatement could have at all taken place; and whether Art. 177, Limitation Act was attracted to writ proceedings.--[Abatement]. (b) Civil Procedure Code (V of 1908)-- ---O.XXII, R. 4--Constitution of Pakistan (1973), Art. 185(3)-Abatement of writ petition due to death of respondent--Effect of Law Reforms Ordinance, 1972--Legal points raised in leave granting order not pressed due to effect of certain decided cases--Supreme Court declined to examine propriety of High Court's impugned order because leave was not granted on that point and no justification was made out to modify leave granting order in circumstances of case. Muhammad Bakhsh v. Jamal P L D 1969 Lah. 642 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against order, dated 17-1-1975 of the Lahore High Court; whereby appellant's application for setting aside the order of abatement of his writ petition, on account of death of a respondent in that petition and for impleading the legal representatives of the deceased, was dismissed. As the question raised before this Court on which leave to appeal was granted is of law relating to the setting aside of the order of abatement, therefore, in the circumstances of this case, it is not necessary to give all the facts of the case except that the application for setting aside of the abatement of the writ petition was made nearly five years after the abatement. The High Court had refused to set aside the abatement both on merit as also on consideration of the law points. Leave to appeal was granted to examine the questions: whether on account of promulgation of the Law Reforms Ordinance, 1972 abatement could have at all taken place; and, whether Article 177 of the Limitation Act was attracted to this case. Learned counsel for the appellant at the very outset stated that due to the…
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