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Civil Procedure Code (V of 1908)-------0. XXII, RA ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal before Supreme Court---Legal representation of deceased defendant---Record of Trial Court was destroyed by fire---Record was reconstructed---Name of a deceased defendant was included in pleadings instead of legal representatives---Both the parties did not try for correction of plaint--­Issues were framed and Trial Court was directed to provide an opportunity to the parties to lead evidence regarding bringing the legal representatives of deceased defendant, on record prior to fire. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been directed against the order of the High Court, dated 26-11-1996 whereby the revision petition filed by the appellant, herein was dismissed. 2. The brief facts of the case are that a declaratory suit was filed by the appellant in the Court of Sub-Judge, Rawalakot. During the pendency of the suit Said Muhammad, one of the defendants, died. According to the appellant his legal representatives were brought on the record well before the destruction of the Court record by fire. According to the appellant, when the record was reconstructed after the incident of fire, the name of Said Muhammad, deceased­ defendant, was written in the line of respondents by oversight. Therefore, the appellant filed an application on 15-9-1991 seeking the permission to correct the plaint by deleting the name of Said Muhammad and arraying his legal representatives as defendants. The objections were filed to the said application by the defendants wherein it was contended that Said Muhammad, defendant, had died in August, 1990 but no application for bringing his legal representatives on the record was submitted by the plaintiff-appellant within the period of limitation. Thus, it was prayed that the application by the plaintiff for making so-called correction should be dismissed. The trial Court, after hearing the arguments, rejected the application of the plaintiff observing that there was another application on the record which was purported to have been submitted by the plaintiff-appellant through his counsel before the…

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