1994 PLP 1017 (CLC)
ABDUL RASHID — Petitioner Versus A.C./COLLECTOR — Respondent
| Citation | 1994 PLP 1017 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL RASHID — Petitioner Versus A.C./COLLECTOR — Respondent |
| Primary Law | (a) West Pakistan Land Revenue Act (XVII of 1967), (b) Appeal (civil) |
Q1: What are the key laws and sections cited in 1994 PLP 1017 (CLC)?
This judgment primarily cites: (a) West Pakistan Land Revenue Act (XVII of 1967), (b) Appeal (civil) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1017 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1017 (CLC) (ABDUL RASHID — Petitioner Versus A.C./COLLECTOR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Afzal Wahlah for Petitioner.
Headnotes / Summary
Ss. 42, 161 & 164
Case related to mutation of inheritance of original owner of land in dispute who was alive at time mutation was sanctioned, died subsequently
Legal heirs of deceased owner of land in, dispute were impleaded during pendency of appeal
Order' of Courts below impleading legal heirs of deceased was eminently just order--.-Cause title of appeal, however, could be amended so as to bring on record legal heirs of deceased owner.
Impleadment of legal heirs at the appeal stage
Cause title of appeal can be amended so as to bring on record the legal heirs of deceased respondent
Judgment & Decree
(b) Appeal (civil)
Impleadment of legal heirs at the appeal stage
Cause title of appeal can be amended so as to bring on record the legal heirs of deceased respondent Province of East Pakistan v. Major Nawab Khawaja Hassan Askary and others PLD 1971 SC 82 rel. Ch. Muhammad Afzal Wahlah for Petitioner. Date of hearing: 15th November, 1992. Vide order dated 4-5-1992, the learned Member, Board of Revenue had dismissed the revision petition filed by the petitioner and thus maintained the order of the Revenue Courts below regarding impleadment of legal heirs of deceased Jan Muhammad,, during the pendency of appeal before the A.C./Collector. It is contended by the learned counsel for the petitioner that Jan Muhammad died on 2-7-1986, whereas appeal was filed against him in the year 1990 and, therefore, the same was incompetent, having been filed against the dead person. The learned Member, Board of Revenue, has observed that as soon as the respondents, came to know about the death of Jan Muhammad, they sought permission to implead the legal heirs of the deceased, which was granted by the Collector and there was no illegality in the said order.
2. The learned counsel for the petitioner has repeated the same argument i.e. the appeal having been filed against dead person was incompetent. Case relates to mutation of inheritance and at that time when the mutation was sanctioned, Jan Muhammad was alive. He died subsequently. It was only just and proper for A.C./Collector, who was seized of the appeal, whereunder the correctness of the mutation had been assailed, to permit the heirs of Jan Muhammad, to be brought on record. This ,was eminently just order. Decision of a lis on merits is called for unless such a course is specifically prohibited by law or by the conduct of the party itself. If writ is issued to quash the orders impugned herein, it would be in aid of injustice. Even otherwise cause title of appeal can be amended so as to bring on record the legal heirs of deceased respondent. See the Province of East Pakistan v. Major Nawab Khawaja Hassan Askary and others (PLD 1971 SC 82).
3. There is no force in this writ petition. Dismissed in limine. H.B.T./A-525/L Petition dismissed.