Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--OXXII, R.4--Constitution of Pakistan (1973), Art. 185(3)--Appellant died soon after filing appeal before Supreme Court--Application to implead legal representatives of deceased appellant was filed after fourteen years of his death and that too, when respondents had moved the Court that appellant having died fourteen years brick and till presentation of application, his heirs having not been brought on record, such appeal was imperfectly constituted and was liable to dismissal--Application for impleading heirs of deceased appellant having been made to cover the otherwise unpardonable delay and negligence in the prosecution of appeal and more particularly in the context that leave had been granted to a dead person for the hearing of his appeal, Court refrained from granting any indulgence to legal heirs of deceased appellant and disposed of the appeal as imperfectly constituted. Bashir Ahmad Ansari, Senior Advocate Supreme Court and Ch..Akhtar Ali, Advocate-on-Record for Appellant. Respondents Nos.l and 2: Ex parte. Muhammad Sadiq Abbasi, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Respondents Nos.2 and 3. Date of hearing: 20th February, 1989. ORDER MUHAMMAD HALEEM, CJ.--On 29th January, 1989, the respondents 2 to 4 moved an application before this Court stating therein that the appellant had "died as far back as 8-9-1975" and till today his heirs have not been brought on record which has rendered the…

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