1981 PLP 1317 (CLC)
Haji Choudhry ABDUL REHMAN (THROUGH His LEGAL HEIRS)‑Petitioner Versus SETTLEMENT COMMISSIONER AND 6 OTHERS‑Respondents
| Citation | 1981 PLP 1317 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Haji Choudhry ABDUL REHMAN (THROUGH His LEGAL HEIRS)‑Petitioner Versus SETTLEMENT COMMISSIONER AND 6 OTHERS‑Respondents |
| Primary Law | (b) Civil Procedure Code (V of 1908)‑, (a) Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1317 (CLC)?
This judgment primarily cites: (b) Civil Procedure Code (V of 1908)‑, (a) Civil Procedure Code (V of 1908)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1317 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1317 (CLC) (Haji Choudhry ABDUL REHMAN (THROUGH His LEGAL HEIRS)‑Petitioner Versus SETTLEMENT COMMISSIONER AND 6 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maroof Ali Khan for Petitioner.
- Ismail Munshi for Respondents Nos. 3 to 7.
Headnotes / Summary
‑‑ O. XXII, r. 3‑Substitution of Legal Representatives‑Legal Representatives of deceased petitioner applying to be brought on- record‑Petitioner's interest in subject‑matter continuing as interest of Legal Representatives‑Contesting respondents opposing appli cation on allegation of names of married daughters having not been mentioned in list‑Contesting respondents, held, had to state names, particulars and details of such Legal Representatives and in absence of such particulars no reason why names given in affidavit filed by applicant be not accepted.
Judgment & Decree
(a) Civil Procedure Code (V of 1908)‑
‑‑ O. XXII, r. 3‑Substitution of Legal Representatives‑Legal Representatives of deceased petitioner applying to be brought on- record‑Petitioner's interest in subject‑matter continuing as interest of Legal Representatives‑Contesting respondents opposing appli cation on allegation of names of married daughters having not been mentioned in list‑Contesting respondents, held, had to state names, particulars and details of such Legal Representatives and in absence of such particulars no reason why names given in affidavit filed by applicant be not accepted. (b) Civil Procedure Code (V of 1908)‑
‑‑ O. XXII, r 3 (2)‑Non‑intimation of petitioner's death‑Peti tioner living when petition presented in Court and filing affidavit in, support‑Petitioner's death conceivably not intimated to counsel --Petitioner represented by counsel on day following alleged date of death when admitting order passed‑Held, no, objection could be raised to admission, notwithstanding death of petitioner. Fajar Ali and others v. Mst. Jamila and others P L D 1969 Lah. 545 ; Chand and others v. Abdul Ghaffar and others P L D 1965 Lah. 596 ; Rashid Ahmed and 8 others v. Muhammad Arshad P L D 1975 Lah. 1195 and Allah Bakhsh and others v. Mst. Noor Khatoon and others 1981 S C M R 1169 ref. Maroof Ali Khan for Petitioner. Ismail Munshi for Respondents Nos. 3 to 7.