Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.XXII, R.3(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) S.42---Suit for declaration---Abatement of appeal for non-impleading of legal heirs of deceased appellant---Appeal to Supreme Court---Suit filed by the plaintiff was partly decreed and and decree passed by the Trial Court having been maintained by the Appellate Court, legal heirs of deceased appellant filed appeal before High Court---During pendency of appeal before Appellate Court, plaintiff died---No person was to communicate to the Appellate Court with regard to death of deceased who was a woman as her attorney had gone abroad---Legal heirs of deceased plaintiff who filed appeal before the High Court against and decree of the Appellate Court, filed application in which it was prayed that order of abatement be set aside---High Court not only dismissed said application, but also dismissed appeal holding that appeal filed before the Appellate Court stood abated for non-impleading of legal heirs of deceased appellant---Validity---No order for abatement of appeal was passed by the Appellate Court---Neither any such point was raised before Appellate Court nor same was considered by the Appellate Court, but High Court had found that abatement would automatically operate---Appeal was sub judice before the Appellate Court when the plaintiff died and not before the Trial Court---Had the plaintiff died during the pendency of original suit, even then the suit would not have been dismissed on account of abatement in view of O.XXII, R.3(2), C.P.C., whereby the powers of dismissal of suit on account of abatement had been taken away---Order XXII, R.3(2), C.P.C. had laid down that if no application was moved for impleading legal representatives, it would make no difference---Judgment of High Court was set aside, in circumstances. (b) Interpretation of statutes--- ----Amendment in procedural law---Retrospective effect of---Any amendment in the procedural law would always apply retrospectively---Procedural law would always operate retrospectively, unless contrary intention was expressed---If a matter was merely of…

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