Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, R.20---Appeal against deceased defendants through their legal heirs available on record of suit---Application by appellant to implead legal heirs---Dismissal of application as well as appeal for not being maintainable in absence of such legal heirs---Appellant's plea was that his counsel, instead of impleading parties with reference to contents of decree-sheet, had prepared memo. of parties with reference to original plaint, thus, same could not be termed as appellant's fault and he should not be made to suffer on the basis of technicality---Validity---High Court following the dictum of Supreme Court in Said Muhammad's case PLD 1989 SC 532 accepted revision petition, set aside impugned / decree with direction to appellant to deposit Rs.5,000 in Appellate Court for its disbursement to respondents. Mst. Sardar Begum v. Muhammad Anwar Shah and others 1993 SCMR 363 ref. Said Muhammad and others v. M. Sardar and others PLD 1989 SC 532 fol. Arshad Anjum Chughtai, Mian Arshad Pervaiz and Malik Muhammad Latif Khokhar for Petitioners. Khizar Hayat Khan Punian for Respondents Nos.2(i) to 2(iii), 4(i), 8 to 11, 14, 16, 17, 21 to 25, 28 and 30. Date of hearing: 3rd April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- For the order I propose to pass in this case, reference to the pleaded facts would not be necessary. Suffice it to say that feeling aggrieved of judgment and decree dated 14-12-1989 passed by the learned trial Court whereby a declaratory suit filed by the petitioners had been dismissed, they filed a first appeal. During the course of the said appeal, it was pointed out that Sher Muhammad and Khair Muhammad defendants Nos.1 and 2 in the original suit had died during the pendency of the suit and their legal representatives had also been brought on record but the said L.Rs. have A not been impleaded and instead Sher Muhammad and Khair Muhammad were impleaded as such. An application was filed on 9-1-1991 by the petitioners for permission to implead the L.Rs. of the said deceased persons. The learned Additional District Judge vide order, dated 24-9-1995 proceeded to dismiss the application and to dismiss the appeal as well…

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