Law:

Section:

Civil Procedure Code (V of 1908)---.--- ---.----O. XXII, Rr. 3, 4 & O.I, R.10---.---Impleading of a party---.---Appeal had been filed against dead person and his legal representatives were already on the record and the appellants had not impleaded them in line of respondents, though they did implead them in an appeal before High Court in an earlier round of litigation---.---Such legal representatives could not be impleaded in the garb of application for substitution, that too after the prescribed period of limitation---.---Where an appeal or a suit was filed against a sole dead person, then neither Order XXII, Rr. 3 & 4 of C.P.C. was applicable nor O.I, R.10,C.P.C. was attracted because such institution was a nullity in the eye of law and could not be revived impleading the legal heirs of the deceased. Khan Muhammad Khan and 19 others v. Saif Ali and 22 others 1999 YLR 550; Hazrat Khan v. Amanullah Khan and others 1996 SCMR 1217; Ahmad Zaman Khan, Barrister v. Govt. of Punjab through Collector, Multan and 2 others 1993 CLC 1327; Hassan Amir and others v. Collector and others 1994 MLD 452; Muhammad Ibrahim v. Custodian Evacuee Property and 10 others 1999 YLR 2336; Malik Bashir Ahmed Khan and another v. Qasim Ali and 12 others PLD 2003 Lah. 615; Abdul Hamid Khan v. Muhammad Zameer Khan and 2 others 1990 MLD 1617; Province of East Pakistan v. Major Nawab Khawaja Hasan Askry PLD 1971 SC 82; Muhammad Ashraf and 8 others v. Azad Government of the State of Jammu and Kashmir and 13 others PLD 1985 SC(AJK) 102; Sakhi Muhammad and 10 others v. Noor Muhammad and 28 others PLD 1988 SC(AJK) 156 and Azad Government of the State of Jammu and Kashmir v. Sarfraz Alam and others 1997 MLD 383 ref. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, JUSTICE:---.---- The above captioned appeal is filed against the judgment and order of the learned District Judge,. Muzaffarabad, passed on 30-11-2004, whereby a warrant for execution of decree dated 30-11-1987 has been issued. Precise facts of the case are that a suit for specific performance of contract was initially filed before this Court on 20-9-1972 by respondent No.1, herein, against the predecessor-in-interest of…

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