Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXII, R.4---Limitation Act (IX of 1908), S.5 & Art.177---Death of defendant---Application for impleading heirs of deceased defendant---Limitation---Delay, condonation of---Court was permitted under O.XXII, R.4, C.P.C. to proceed with the suit notwithstanding the death of defendant, in the same manner as if he was alive---Such power, however was circumscribed by the condition that in case application for bringing legal heirs on record was not moved within the time prescribed by law under Art.177 of Limitation Act, 1908; Court could proceed with the matter notwithstanding the death of defendant---Said provision of law was in nature of an exception to the general law under which no proceedings could be held against a dead person and such law was to be strictly construed---Effect of failure to implead legal representatives of deceased defendant within prescribed time would bar them from taking part in proceedings---Application for impleading legal heirs of deceased defendant was filed after an inordinate delay of about 29 months, whereas Art.177 of Limitation Act, 1908 had provided a period of only 90 days for moving said application---Only reason disclosed for seeking condonation of delay was unawareness of pendency of suit, which was not a plausible reason as ignorance of pendency of suit, could not be made ground for condonation of delay---Legal heirs of deceased defendant, were debarred from participating in the proceedings---Suit was to be proceeded against dead defendant and any that could be pronounced in the case, would have the same force and effect as if it had . been pronounced during lifetime of the deceased. Bhagvan Managi Marwadi and others v. Hiraji Permaji Marwadi AIR 1932 Bombay 516; Ismail Haji Sulaiman v. Messrs Hansa Line and another PLD 1961 Dacca 693; Collector of Customs (Appraisement), Collectorate of Customs, Government of Pakistan Customs House v Messrs Imran Enterprises through Proprietor and others 2001 CLC 419; Messrs M.A. Majeed Khan v. Karachi Water and Sewerage Board and others PLD 2002 Kar. 315; Bibi Khudeja v. Pir Sarwarduddin Shah 1992 MLD 490; Mst. Sardar Begum v. Mst. Chiragg Bibi…

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