Law:

Section:

(a) Civil Procedure Code (V of 1908) O.I, R.10 & O.XXII, R.4 Impleading legal heirs of deceased defendant as party to suit under O.I, R.10 & O.XXII, R.4, C.P.C. Criteria different. (b) Civil Procedure Code (V of 1908) -- O.XXII, R.4 Suit against dead person Validity Such defect could not be cured by bringing his legal heirs on record in terms of O.XXII, R.4, C.P.C. (c) Civil Procedure Code (V of 1908) -- O.I, R.10 & O.XXII, R.4 Suit against dead person for recovery of amount due against him Validity Such amount, if subject to other legal limitations, could be recovered from his legal heir(s), then independent of requirement. Of O.XXII, R.4, C.P.C., his legal heirs could be joined as party to suit in a similar manner as if when a proposed defendant to a suit had died before institution of suit, then such suit could be brought against him through his legal heirs. Muhammad Yousaf v. Syed Ghayyur Hussain Shah and 5 others 1993 SCMR 1185 rel.. (d) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- -- S. 9 Civil procedure Code (V of 1908), O.I, R.10 & O.VI, R.17 Suit for recovery of loan amount Factum of demise of mortgagor defendant prior to filing of suit came into knowledge of Bank from leave to defend application filed by other defendants Applications by Bank seeking to implead legal heirs of deceased mortgagor and make corresponding amendments in plaint were dismissed by Banking Court ¬Validity After demise of mortgagor defendant, whatever right she had in mortgaged property, same had devolved upon her legal heirs Request of Bank for joining legal heirs in suit as necessary and proper party within scope of O.I, R.10, C.P.C. was legal and tenable Corresponding amendments sought to be made in plaint were neither going to change nature or character of suit nor by such amendments any prejudice was likely to be caused to opposite party Impugned orders were suffering from illegality and material irregularity and without jurisdiction ¬High Court accepted revision petitions and set aside impugned orders. (e) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -- Ss.22(6) & 27 Revision…

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