1989 PLP 1039 (SCMR)
ABDUR RAZZAK SHAH‑‑Appellant Versus ABDIJL ALIM DURRESHANI and others‑‑Respondents
| Citation | 1989 PLP 1039 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ, Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ |
| Parties | ABDUR RAZZAK SHAH‑‑Appellant Versus ABDIJL ALIM DURRESHANI and others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1989 PLP 1039 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1039 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ, Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1039 (SCMR) (ABDUR RAZZAK SHAH‑‑Appellant Versus ABDIJL ALIM DURRESHANI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Ahmad Ansari, Senior Advocate Supreme Court and Ch..Akhtar Ali, Advocate‑on‑Record for Appellant.
- Muhammad Sadiq Abbasi, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents Nos.2 and 3.
- Date of hearing: 20th February, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 13‑3‑1975, in Writ Petition No.482‑R of 1966). ‑‑‑OXXII, R.4‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Appellant died soon after filing appeal before Supreme Court‑‑Application to implead legal representatives of deceased appellant was filed after fourteen years of his death and that too, when respondents had moved the Court that appellant having died fourteen years brick and till presentation of application, his heirs having not been brought on record, such appeal was imperfectly constituted and was liable to dismissal‑‑Application for impleading heirs of deceased appellant having been made to cover the otherwise unpardonable delay and negligence in the prosecution of appeal and more particularly in the context that leave had been granted to a dead person for the hearing of his appeal, Court refrained from granting any indulgence to legal heirs of deceased appellant and disposed of the appeal as imperfectly constituted. Respondents Nos.l and 2: Ex parte.
Judgment & Decree
MUHAMMAD HALEEM, CJ.‑‑On 29th January, 1989, the respondents 2 to 4 moved an application before this Court stating therein that the appellant had "died as far back as 8‑9‑1975" and till today his heirs have not been brought on record which has rendered the appeal as imperfectly constituted and prayed for dismissal of the appeal. Here it may be mentioned that the petition for leave to appeal was filed on 16‑5‑1975 while the appellant was alive, but on the date namely, 3rd of November, 1980, when leave was granted he was already dead. This fact was not brought to the notice of the Bench which granted leave to the deceased appellant. It was after the filing of the application dated 29th of January, 1989, that on 18th of February, 1989, an application has been filed for impleading the legal heirs of the appellant. It is almost after fourteen years that a request has been made and that too in order to cover the otherwise unpardonable delay and negligence in the prosecution of the appeal and more particularly in the context that leave had been granted to a dead person for the hearing of his appeal. In fact, steps should have A been taken to implead the legal representatives of the deceased who had died five years earlier before the grant of leave which was not done and the lapse continued for another nine years. In this view of the matter, we would refrain from granting any indulgence and dispose of the appeal as improperly constituted. AA./A‑433/S Order accordingly.