1970 PLP 50 (SCMR)
MUHAMMAD KHAN-Petitioner Versus MUHAMMAD ALI KHAN AND OTHERS-Respondents
| Citation | 1970 PLP 50 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. A. Rahman, Hamoodur Rahman and Muhammad |
| Parties | MUHAMMAD KHAN-Petitioner Versus MUHAMMAD ALI KHAN AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1970 PLP 50 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1970 PLP 50 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. A. Rahman, Hamoodur Rahman and Muhammad.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1970 PLP 50 (SCMR) (MUHAMMAD KHAN-Petitioner Versus MUHAMMAD ALI KHAN AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Rashid Sheikh, Advocate Supreme Court instruct ed by Inayat Hussain, Attorney for Petitioner.
- Nemo for Respondents.
- Date of hearing : 9th October 1967.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Bahawalpur Circuit, Baghdad-ul-Jadid, dated the 14th June 1967, in C. M. No. 87 of 1965/LHR/R. S. A. No. 22 of 1962/BWP.). Civil Procedure Code (V of 1908), O. XXII, r. 3 (2) Application for impleading legal representatives of deceased moved after two years-Applicant and deceased living at a distance of only two miles fr6ni each other-Applicant cannot be believed to have no knowledge of death of his adversary-Prescribed time for impleading legal representatives even otherwise starts of deceased and not from knowledge of applicant.
Judgment & Decree
MUHAMMAD YAQUB ALI. J: Muhammad Ali Khan the prede cessor in interest of the respondents obtained a decree for posses sion of certain agricultural land against the petitioner in exercise of his superior rights of pre‑emption. On appeal the judgment and decree of the trial Court were affirmed by the District Judge aggrieved by which the petitioner filed a revision petition in the High Court which due to change in the law was subsequently converted into a second appeal. Muhammad Ali the sole respon dent in the appeal flied' during the pendency of the appeal and for nearly two years no steps were taken by the petitioner to bring: on record his legal representatives. The application made by the petitioner for impleading the legal representatives of the deceased was accordingly opposed by the respondents as being out of time and the respondent No. 5 also filed an affidavit to the effect that petition had timely knowledge of the death of his father. Vic petitioner maintained that he did not come to know of the demise of Muhammad Ali in time and that the time prescribed by law for impleading his legal representatives started to run from the date of his knowledge. The learned Judges ruled out both the pleas and found that it was not believable that the petitioner had not come to know of the demise of Muhammad Ali in time. The R. S. A. was accordingly dismissed under Rule 3 (2) read with rule 11 of the Order XXII C.‑ P. C., as having abated. In support of the petition for leave to appeal the same, grounds are urged. The petitioner resided at Bhutta Kot while Muhammad Ali, deceased, lived in Dera Shams at a distance of only two miles. The High Court was, in the circumstances, right in concluding that it was not believable that for two years the petitioner had not come to know of the demise of his adversary. The application for impleading the legal representa tives of Muhammad Ali was, therefore, clearly barred by time and rightly dismissed. Even otherwise the time prescribed by law started to run from the death of Muhammad Ali and not from the knowledge of the petitioner. At best it was a case of negligence on the part of the petitioner. No exception can, therefore, by taken to the order of the High Court dismissing the R. S. A., as having abated on account of the failure to implead the legal representatives of Muhammad Ali the deceased respondent in time. The petition is dismissed. Leave refused.