1984 PLP 863 (SCMR)
DIN MUHAMMAD‑Appellant Versus PROVINCE OF PUNJAB THROUGH COLLECTOR AND OTHERS‑Respondents
| Citation | 1984 PLP 863 (SCMR) |
| Forum / Court | --‑-Art. 185‑Civil Procedure Code (V of 1908), O. XXII, r. 3 read with Limitation Act (IX of 1908), S. 5 ‑Abatement of appeal‑Death of appellant during pendency of appeal‑No application for bringing on record appellant's legal representative made and appeal abating on expiry of ninety days‑Applications for setting aside abatement and for bringing legal representative on record submitted about forty‑four months after appellant's death‑No sufficient cause given for condon ing long period of delay‑Appeal disposed of as having abated. Abatement‑Appeal (civil). |
| Bench Members | N/A |
| Parties | DIN MUHAMMAD‑Appellant Versus PROVINCE OF PUNJAB THROUGH COLLECTOR AND OTHERS‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1984 PLP 863 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 863 (SCMR)?
The case was heard and decided by the --‑-Art. 185‑Civil Procedure Code (V of 1908), O. XXII, r. 3 read with Limitation Act (IX of 1908), S. 5 ‑Abatement of appeal‑Death of appellant during pendency of appeal‑No application for bringing on record appellant's legal representative made and appeal abating on expiry of ninety days‑Applications for setting aside abatement and for bringing legal representative on record submitted about forty‑four months after appellant's death‑No sufficient cause given for condon ing long period of delay‑Appeal disposed of as having abated. Abatement‑Appeal (civil). bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 863 (SCMR) (DIN MUHAMMAD‑Appellant Versus PROVINCE OF PUNJAB THROUGH COLLECTOR AND OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Masud Akhtar, Advocate‑on‑Record for Appellant.
- Mian Nusratullah, Senior Advocate Supreme Court and Sh. Ijaz Ali, Advocate‑on‑Record for Respondents.
- Date of hearing : 2nd May, 1983.
- NASIM HASAN SHAH, J.‑During the pendency of this appeal Din. Muhammad, who filed the appeal, died on 12‑12‑1978. It is admitted Mr. Masud Akhtar, learned Advocate‑on‑Record for the deceased‑appellan t that the appeal abated on the expiry of 90 days of the death, namely, on 12‑3‑1979, as no application for bringing on record his legal representa tives was made within the prescribed period of 90 days.
Headnotes / Summary
(On appeal from the judgment dated 15th February, 1972, of the Lahore High Court, Lahore in L. P. A. No. 4‑C of 1972). --‑-Art. 185‑Civil Procedure Code (V of 1908), O. XXII, r. 3 read with Limitation Act (IX of 1908), S. 5 ‑Abatement of appeal‑Death of appellant during pendency of appeal‑No application for bringing on record appellant's legal representative made and appeal abating on expiry of ninety days‑Applications for setting aside abatement and for bringing legal representative on record submitted about forty‑four months after appellant's death‑No sufficient cause given for condon ing long period of delay‑Appeal disposed of as having abated. [Abatement‑Appeal (civil)].
Judgment & Decree
NASIM HASAN SHAH, J.‑During the pendency of this appeal Din. Muhammad, who filed the appeal, died on 12‑12‑1978. It is admitted Mr. Masud Akhtar, learned Advocate‑on‑Record for the deceased‑appellan t that the appeal abated on the expiry of 90 days of the death, namely, on 12‑3‑1979, as no application for bringing on record his legal representa tives was made within the prescribed period of 90 days. Accordingly, an application for setting aside the abatement and bringing on record the legal representatives of the deceased‑appellant along with an application for condoning the delay in filing the said application has been submitted. We observe that all the above applications have been submitted on 23‑11‑1982, i.e. nearly forty‑four months after the deceased‑appellant's death. The perusal of the application for condo nation of delay does not, how ever, give any sufficient cause for condoning this long period of nearly 44 months delay. Hence the delay cannot be condoned. This appeal, therefore, stands disposed of as having abated. S. Q. Appeal abated.