Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXII, Rr. 4, 9 & S. 100---Abatement of suit---Abatement of suit was ordered by Trial Court due to delayed filing of application by plaintiff for bringing legal representatives of deceased defendant---Validity---Defendant was already dead when power of attorney and written statement on his behalf were filed in Trial Court---Deceased defendant was shown alive in the written statement and power of attorney filed on his behalf in Court---Plaintiff upon discovery of defendant's death submitted application for setting aside of abatement and substitution of his legal represenatives---Plaintiff's first appeal met the same fate---Courts below, instead of taking a firm and serious view of alleged fabrication (of power of attorney and written statement whereupon thumb impressions of deceased were affixed) made plaintiff' a victim by dismissing his suit---Plaintiff could not be expected to know factum of death of deceased defendant when he was shown alive on the record of Trial Court--­Application for setting aside of abatement and substitution of deceased's legal representatives was although filed beyond time, yet in the facts and circumstances of case, such delay deserved to be overlooked---Contrary course would cause grave miscarriage of justice and punishment awarded would be misplaced---Defendants, in result of s of Courts below had earned a premium on their misdeed while plaintiff had suffered undeserved punishment---Abatement was set aside and plaintiff was allowed to bring on record legal representative of deceased defendant---Case was remanded for its trial and in accordance with law. JUDGMENT This second appeal by the plaintiff was from the judgment and decree of learned District Judge, Sargodha dated 10-6-1972 by which judgment of the trial Court holding the suit to have abated in toto was upheld. 26 Kanals, 15 Marlas of land at Mauza Sandaral in Tehsil Khushab of District Sargodha belonged to Fateh Shah. He was murdered. Plaintiff was his sole successor. On 15-4-1970, plaintiff instituted a civil suit for possession of the land in dispute from the defendants. Upon being served, defendants appointed Malik Muhammad…

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