Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 12(2)---Limitation Act (IX of 1908), Art.181---Constitution of Pakistan (1973), Art.199---Application under S. 12(2), C.P.C. against in Constitutional petition---Limitation---Article 181, Limitation Act, 1908, applies to proceedings under S. 12(2), Civil Procedure Code, 1908---Application under S.12(2), C.P.C. having been filed within three years after final disposal of case by High Court; dismissal thereof on ground of limitation was not warranted---Order of High Court dismissing application under S. 12(2), C.P.C. against in Constitutional petition on ground of limitation, was set aside and case was remanded to High Court for disposal thereof, on merits. Muhammad Iqbal v. Muhammad Alamgir 1990 SCMR 1377 ref. (b) Civil Procedure Code (V of 1908)--- ----OXXII, R.6---No abatement. by reason of death of either party after hearing of case---Court in such event could proceed with the suit and announce or order; such or order, notwithstanding death of plaintiff, would have the same force and effect as pronounced before death of such plaintiff. Khushi Muhammad v. Aziz Bibi 1980 SCMR 531 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal by the leave of the Court is directed against the judgment dated 15-9-1985 passed by the Lahore High Court. 2. The facts giving rise to the present appeal, are that House No. H-66 situated on Murree Road, Rawalpinid, an evacuee property, was allegedly occupied by one Sheikh Muhammad Din son of Hukam Din, a local Muslim on the migration of the evacuee owner. On the death of Sheikh Muhammad Din, the house remained in occupation of his sons, namely, Muhammad Ishaq, Muhammad Hanif and Muhammad Idrees who remained in its possession till 31-3-1960. Being locals they were not eligible for transfer of the said house, they inducted Allah Wasaya son of Haji Muhammad in the `Baithak' of the said house in October, 1959. As Allah Wasaya and his wife Mst. Shad Begum were permanently living in Multan and had got their claim registered there under the provisions of Act No. III of 1956, Allah Wasaya and Mst. Shad Begum submitted Form `A' in duplicate to the Deputy Settlement Commissioner, Multan on 29-4-1959…

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