Law: Civil Procedure Code (V of 1908)

Section: 115,OrderXXII,Rule1,2,OrderXXIII,Rule3

(a) Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction, exercise of---Scope---Provision of S.115, C.P.C. applies only to cases involving illegal assumption, non ­exercise or irregular exercise of jurisdiction but same cannot be invoked against conclusion of law or fact which does not, in any way, affect jurisdiction of the Court, no matter, however erroneous, wrong or perverse, the decision may be, either on a question of fact or law, unless the decision involves a matter of jurisdiction. Aziz-ur-Rehman v. Government of N.-W.F.P. PLD 1996 Pesh. 51 ref, (b) Civil Procedure Code (V of 1908)-- ---0-. XXII, Rr. 1 & 2---Right to sue---Survival of---Entering names of surviving plaintiffs---Scope---Where right -to sue survives to legal heir after plaintiff's death under the provision of OXXII, R.1, C.P.C., the suit will not abate and under O.XXII, R.2, C.P.C., the names of the surviving plaintiffs will be entered in plaint. (c) Civil Procedure Code (V of 1908)-- -0. XXII, Rr & -Impleading legal heirs of deceased plaintiff as party to suit---Trial Court allowed the respondent to be impleaded in place of deceased plaintiff---Validity---No illegality had been committed by Trial Court in allowing the suit to proceed through the plaintiff's sole legal representative to whom right to sue survived---No illegal exercise of jurisdiction by the Court was found in circumstances. Zulfiqar Ali v. Lal Din and another 1974 SCMR 162 and Shah Wali v. Allah Bakhsh 1999 CLC 45; Aziz-ur-Rehman v. Government of N.-W.F.P. PLD 1996 Pesh. 51; Taj Muhammad v. Mst. Zaitooney 1996 MLD 1270 and Raja Abdul Hamid Khan v. Muhammad Naseem 1980 CLC 1105 ref. ORDER The relevant facts forming background of this Revision Application are that a suit was filed on 7-5-1996, by the plaintiff, Mst. Bibi Meena alias Ameerzadi, for declaration, cancellation of documents, possession and injunction. She expired on 15-3-1997, and on 3-5-1997 the suit was dismissed for non-prosecution. An application for restoration of the suit was filed on 27-5-1997 accompanied by affidavit of the sole legal heir Dost Muhammad, paternal nephew of the deceased plaintiff, which was allowed by the…

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