Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XV,R.8,7,O.XVI,R.9,O.V,R.2(2)

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XV,R.8,7,O.XVI,R.9,O.V,R.2(2)

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.XXII,R.1

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------S. 42----Azad Jammu and Kashmir Supreme Court Rules, 1978, O.V, R.2(2) & O.XV, R.7---Civil Procedure Code (V of 1908), O.I, R.10 O.XXII, R.1---Appeal to Supreme Court---Impleading of legal representatives of deceased respondent---Pending appeal before the Supreme Court, it was brought on record through an application that one of the respondents had died---By order counsel for the appellant was directed to take necessary steps for impleading the legal representatives of said deceased respondent, but no application for impleading the legal heirs of deceased respondent was brought on the date when case was fixed, but on next date of hearing an application was moved for said purpose---Petition for leave to appeal was filed after death of the respondent and when the Process-Server reported about the death of the respondent, appellants did not reply and when the Registrar directed them to file application for bringing on record the legal representative, they still procrastinated, which clearly smacked of their negligence---Supreme Court had jurisdiction to allow an application for bringing on record the legal heirs of deceased party even after limitation to avoid non-suiting of a party on technical grounds---Power of the court, however, was not absolute and had to be exercised keeping in view the facts of each case and more particularly the conduct of party---While deciding ancillary matter of such nature, Supreme Court had also to see if mandatory provision of Supreme Court Rules were violated in which case Supreme Court should not take a liberal view---Deviation in such cases would amount to violation of a rule of law, which could not be allowed to perpetuate---Negligence of a party could not lightly be taken under the garb of power of the Supreme Court to do complete justice. Khushi Muhammad v. Mst. Aziz Bibi 1980 SCMR 531; Dost Muhammad Khan v. Mst. Bibi Rukia 1986 SCMR 353; Chinar Gul v. Cantonment Board of Peshawar and another 1978 SCMR 44; PLD 2005 SC 430; 1999 YLR 550; 2004 CLC 1925 and 2006 SCR 92 ref. (b) Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O.V, R.2(2) &…

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