Law: Cooperative Societies Act, 1925

Section: 54

Law: Cooperative Societies Act, 1925

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.XXII,r.4

(a) Torts-------Liability in torts---Scope---Personal action dies with the person and death extinguishes the liability in tort. Government of Punjab and another v. Mst. Kamina and others 1990 CLC 404 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXII, R. 4---Tort---Damages, suit for---Death of defendant---Impleading of legal heirs---Suit for recovery of damages was filed against defendants and one of them died during pendency of suit--Plaintiff filed application in Trial Court for impleading legal heirs of deceased defendant as party to proceedings---Validity---Claim against deceased defendant was purely based upon illegal lease of plot in favour of other defendant which was restored to plaintiff in arbitration proceedings---Plaintiff failed to show that estate of deceased was benefited by its illegal lease---Plaintiff could not maintain suit for damages against legal heirs of deceased defendant as death of defendant extinguished liability in tort and had brought end to cause of action---Application was dismissed in circumstances. Mrs. Itrat Zahida and others v, President A.B.L. and others 2006 SCMR 1287; Mst. Salma Bibi v. Muhammad Nawaz and others 2000 SCMR 1051 and Rahim Tahir v. Ahmed Jan and others PLD 2007 SC 423 distinguished. Government of Punjab and another v. Mst. Kamina and others 1990 CLC 404 and Mercantile Cooperative Bank Ltd. v. Messrs Habib & Co. and others PLD 1967 Kar. 755 ref. Abdul Rauf Khan for Plaintiff. Nemo for Defendants. ORDER NADEEM AZHAR SIDDIQI, J.--- By this application the plaintiff has prayed that legal heirs of deceased defendant No.2 may be brought on record. In support of the application the learned counsel has filed his own affidavit which is silent with regard to the reasons for impleading the legal heirs of deceased defendant No.2. No counter-affidavit has been filed on behalf of defendant No.1. On 3-5-2007 the learned counsel for the plaintiff was directed to satisfy the court whether after expiry of defendant No.2 his legal heirs can be brought on record. The learned counsel for the plaintiff submits that since the right to sue is surviving the legal heirs can be brought on record and the suit cannot be abated.…

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