Law:

Section:

Law Reforms Ordinance (XII of 1972)---- ----S. 3---Infra-Court appeal---Applications filed by appellant for impleading legal representatives of deceased respondent, for condonation of delay and for setting aside abatement, were dismissed by Single Judge after discussing in details grounds raised by appellant in said applications and giving cogent reasons for such rejection---Appellant having failed to controvert observations and reasons given by Single Judge both on question of law and fact, conclusion arrived at by Single Judge, could not be disagreed. JUDGMENT MUHAMMAD MUNIR KHAN, J.---The facts leading to this Letters Patent Appeal, briefly, are that on 27-7-1960 Syed Imam Ali Shah deceased/predecessor-in-interest of Syed Maratab Ali Shah and 3 others, respondents, filed petition under section 7 of the Waqf Properties Ordinance before the learned District Judge, Lahore, for declaration to the effect that House No.24 situated in Mian Mir Sahib, Lahore, was not a Waqf Property, against Chief Administrator of Auqaf, West Pakistan respondent/appellant. Syed Imam Ali Shah claimed ownership of the house on the basis of title and in the alternative on the plea of adverse possession. The petition was resisted. Issues were framed. The parties led their evidence. The learned District Judge vide his order dated 12-10-1961 accepted the petition declaring that the house was not a Waqf Property. Feeling aggrieved thereby, Chief Administrator Auqaf filed appeal in the High Court. During the pendency of the appeal Syed Imam Ali Shah respondent therein died on 29-9-1973. On 5-2-1978, the appellant submitted application under rule 4, Order XXII, - C.P.C. for impleading his legal representatives. On 15-2-1969 another application alongwith an application for condonation of delay under section 5 of the Limitation Act, was moved by the appellant before the trial Court for setting aside the abatement on the ground that he had come to know of death of the respondent on 2-10-1977 and thereafter had been making efforts to know the names of the legal heirs of the deceased. The applications were contested. The learned Single Judge vide his judgment dated 15-4-1970 rejected the…

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