Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXII, R. 9 [before amendment by Law Reforms Ordinance (XII of 1972)] & S. 115---Limitation Act (IX of 1908), Art. 171 & S. 5---Death of one of the defendants (vendees)---Legal representatives of deceased defendant not brought on record within specified time---Suit dismissed as abated on score of death of defendant by Courts below---Validity---Parties lived in distant cities--­Plaintiff and other defendant (vendor) though real brothers were deeply involved in litigation over the property and were at loggerheads---Such defendant was not expected to disclose information about the death of vendee defendant to plaintiff for delay favoured him---Counsel for vendee defendant deceased kept quiet and represented him at trial despite his passing away long before---Omission being unintentional, sufficient cause was shown for setting aside abatement on account of demise of defendant---Case was thus a fit case in which Courts below should have exercised powers under O.XXII, R.9, Civil Procedure Code, 1908 and S. 5, Limitation Act, 1908 and excused delay for saving decision of suit on merits---Impugned orders, therefore, could not be sustained on the premises on which they proceeded and must be set aside--­Case was sent back to Trial Court for disposal in accordance with law---Trial Court was directed to allow substitution of legal representatives of vendee defendant and thereafter to proceed with trial of suit. Punjab Province v. Sultan Khan and others PLD 1959 (W.P.) Lah. 500 and Abdul Jabbar and others v. Abdul Waheed Khan and others PLD 1974 SC 331 rel. JUDGMENT Civil revision at the instance of plaintiff in the suit was against an order of learned Additional District Judge of Rawalpindi dated 23-11-1978, confirming decision of the learned trial Court given on 12-6-1976, holding that the civil suit had abated on score of death of Bashir Ahmad defendant No.2 in the suit, and, sufficient cause was not made out for setting aside of the abatement on this score. For the purpose of decision of the civil revision, facts are brief and simple. A short reference to them shall be helpful. Muhammad Ali plaintiff was owner of House No.…

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