Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XXII, R.1---Death of a party---Appointment of legal representative--­Object ---Where party to a suit dies, his legal representatives are appointed in order that the suit may proceed and decision be given on the facts of the case--­Original party's right and disabilities are to be considered and not of those of the legal representatives impleaded in place of the deceased party. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 56---Civil Procedure. Code (V of 1908), O.XXII, R.1---Suit for declaration and permanent injunction---Right to inherit directorship of company---Entitlement of such right by legal representatives of the deceased plaintiff---Validity---Such right could not be granted to the legal representatives of the deceased plaintiff. (c) Civil Procedure Code (V of 1908)--- ----0. I, R.9---Misjoqinder or non joinder of parties in a civil suit---Dismissal of suit---Validity---No suit shall be defeated by reason of misjoinder or non joinder of the parties and every suit will deal with the matter in controversy so far as regards the rights and interests of the parties before the Trial Court. (d) Civil Procedure Code (V of 1908)--- ----0. I, R.9---Misjoinder or non joinder of parties in civil suit ---Company--­Directors of a Company were arrayed as defendants but the Company itself was not made as a party in the civil suit---Effect---Where the Directors of the Company were present in the Court, it could be presumed that the Company was before the Court to all intents and purposes. (e) Contract Act (IX of 1872)--- ----Ss. 15 & 16---Contract---Elements of coercion, undue influence and misrepresentation---Proof---Where such allegations were pleaded against a contract the same were to be proved in the manner as that of the allegations of fraud---Allegations of coercion, undue influence and misrepresentation were to be proved through strong and independent evidence. Shamir v. Faiz Elahi 1993 SCMR 145; Kazi Noor Muhammad v. Pir Abdul Sattar Jan PLD 1959 (W.P.) Kar. 348; Sheikh Muhammad Obaid v. Muhammad Rafi Qureshi PLD 1962 (W.P.) Kar. 409; Sayad Muhammad v. Fatteh Muhammad and others ILR 22 Cal. 325; Boyse…

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