Law:

Section:

Civil Procedure Code (V of 1908)-------0. I, R. 9 & O. XXII, R.,1---Abatement.of suit---Suit against decree passed in terms of compromise between the parties---Plaintiffs failed to make application to bring legal representatives of deceased defendant/appellant on record---Deceased defendant/appellant had acknowledged in his written statement in the suit the abandonment by him of his rights in favour of the other ,6o-appellants in the appeal in which compromise was effected which was under challenge in the suit and had raised no objection against the said compromise qua the said abandonment on his part---Transfer of land in dispute by deceased/defendant through the said compromise was not made in favour of deceased/appellant or any of his co-appellants---Death of appellant and non ­impleadment of his remaining legal representatives in the suit, therefore, could not be said to have resulted in creating any legal defect in the constitution of the suit---Courts, in circumstances, while holding that the suit had abated as a whole had not applied the law correctly to the facts established on record in the case which resulted in refusal to exercise jurisdiction to decide the suit on merits and on this short ground, impugned s were liable to set aside---Case being a fit one for remand, Supreme Court, while condoning the delay, in making the said application remanded the case with direction that suit should be decided on merits in accordance with law within six months from the receipt of certified copy of the of the Supreme Court. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against' the judgment dated 1-6-1994 of the Lahore High Court, Rawalpindi Bench through which the appeal filed by the appellants against the judgment dated 8-2-1973 of the learned Additional District Judge dismissing their appeal against the judgment dated 24-7-1972 of the trial Court by which their suit was held to have abated in toto and dismissed as such, has been dismissed. 2. The dispute relates to land measuring 249 Kanals, 10 Marlas which was originally owned by Kala son of Hamza who died issueless on 9-1-1898 and was survived by his widow namely Hayat Bibi…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492