Law:

Section:

(a) Civil Procedure Code (V of 1908)--O.XXII, R.4---Limitation Act (IX of 1908), Art.177---Constitution of Pakistan (1973), Art.185(3)---Legal heirs of deceased defendant brought on record after expiry of 90 days from the date of his death--- Validity---Leave to appeal was granted to consider, whether High Court on basis of any principle of law could have brought on record, respondents as legal heirs of deceased defendant after expiry of 90 days from the date of his death. Bibi-Khudeja through L.Rs. v. Pir Sarwaruddin Shah through L.Rs. 1992 MLD 490; Muhammad Bakhsh v. Jamal PLD 1969 Lah. 642; Jehangir Khan v. Abdul Latif Khan 1973 SCMR 286; Khushi Muhammad v. Mst. Aziz Bibi PLD 1988 SC 259 and Syed Ghias Haider v. Mst. Allah Rakhi PLD 1996 SC 217 ref. (b) Administration of justice--- ---- Principal object behind all legal formalities was to safeguard paramount interest of justice; mere technicalities, unless offering insurmountable hurdle, should not be allowed to defeat ends of justice.--[Practice and procedure]. Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar PLD 1975 SC 678 and Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382 ref. (c) Civil Procedure Code (V of 1908)--- ----O.XXII, Rr. 3, 4 & 9---Limitation Act (IX of 1908), Art. 177---Defendant's death during pendency of suit---Bringing legal representatives of such deceased person on record---Essentials---Trial Court could have treated statement of defendant's counsel on specified date (within 90 days of death of deceased defendant) as application for bringing legal representatives of deceased defendant on record, particularly when all legal representatives were present in Court on specified date and some application was earlier moved---Such application for bringing legal representatives on record was, thus, well within time having been moved before expiry of 90 days of defendant's death---No legal infirmity thus existed in impugned of High Court whereby legal representatives of deceased defendant were allowed to be impleaded---No interference was warranted with of High Court---Appeal against of High Court was dismissed in circumstances. Walayat Hussain v. Dost Muhammad 1994 CLC 544 ref.…

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