Law: Supreme Court Rules, 1956

Section: 9

Law: Supreme Court Rules, 1956

Section: 9

(a) Supreme Court Rules, 1956, O. XVI, r. 9-Appeal to Supreme Court-Death of respondent pending proceedings-Legal representatives not brought on record within 90 days-Prayer for extension of time-Ground that appellant knew of death of deceased but did not know that legal representatives of deceased were to be brought on record-Held : not "sufficient cause". (b) Appeal to Supreme Court-Abatement-Appeal against order of Settlement Authorities passed in favour of respondent ­Death of respondent pending appeal and appeal abating on account of legal representatives having not been brought on record within time-Contention that Settlement Authorities also being parties appeal did not abate as a whole-Plea, held, fantastic. JUDGMENT SAJJAD AHMAD, J.-A preliminary objection has been raised on behalf of the respondents, that this appeal has abated owing to the non-impleadment within time, of the legal representatives of respondent No. 3 (Manzarul Haq Karimi) who had died on the 29th of March 1968. It is alleged that the appellant who is a brother-in-law of Manzarul Haq Karimi, deceased, knew about his death and had attended his funeral. The record shows that the respondent's Attorney sent a letter on the 28th of June 1968, to the Registry of this Court with a copy to the Attorney for the appellant, conveying an intimation that Manzarul. Haq had died on the 29th of March 1968. In spite of this information no application was made to bring the legal representatives of the deceased respondent on record till the 30th of September 1968, i.e. after 92 days of this intimation. Order XVI, rule 9 of the Supreme Court Rules, prescribes a period of 90 days for such a step. The appellant has filed an affidavit to explain the circum­stances of the delay in making the application. He admits that he knew about the death of Manzarul Haq on the data' on which it occurred nut he did not know that the legal representatives of the…

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