Law:

Section:

Abatement of Civil Causes-- ----Decision of a Court, binding nature--Legal heirs of a party to litigation bound by decision after his death even without impleadment--Legal heirs of any person dying during the pendency of litigation automatically become bound by the decision against their predecessor-in-interest, even without impleadment. [P. 632] A Binding on legal heir-- ----Competency--Petition or Appeal; who may file--A party directly affected by a may file appeal or petition--Petitioner being legal heir of the deceased is bound by decision and hence is a party directly affected by such judgement but without impleadment--Held: petitioner is entitled to file a petition or appeal, as the case may be, against such judgement. [P. 632] B Common Sense-- ----Legal heir--Determination of--Role of power of attorney--Admission on the part of other legal heirs--If one legal heir of some one admits any other to be his co-legal heir, he makes a statement against his interest by admitting the other one as his co-owner in the property, to be shared by that other--Held: Special power of attorney given by as many as eleven legal heirs of the deceased in favour of the petitioner describing him as son of deceased is an unavoidable document that could not be ignored by any stretch of reason. [P. 632] C Liability-- ----Impleadment of a legal heir--Responsibility of the opposing party--Objection--Petitioner did not apply for impleadment before the High Court, is not material because impleadment, if at all necessary, was the responsibility of the petitioner in writ petition--Held: Non Impleaded legal heir, if directly affected by such judgement, has every right to challenge such judgement. [P. 632] D Justice-- ----Complete and Real Justice, doing of--A weakness alone for which the opposite party can duly be compensated, would not be considered an impediment in the way of doing complete and real justice. [P. 633] E Order Sardar Muhammad Raza Khan, J.--Mian Abdul Majeed of Mohallah Kutb-ud-Din Rawalpindi and Sheikh Muhammad Ishaque of Kanak Mandi Rawalpindi had been litigating over the disputed shops and a godown. Writ Petition # 11/R of 1983 was lastly filed by Mian Abdul Majeed…

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