Appeal against deceased defendant
Appeal against deceased defendant legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Suit was dismissed by Trial Court and appeal against the, same was dismissed by the Appellate Court on the ground that it had been filed against a dead person
Contention of the plaintiff was that the appeal should have been decided on merits and not dismissed on a technicality as the legal heirs of the deceased were available
Validity
Plaintiff had filed an appeal before the Appellate Court against a dead person
Defendant had died during pendency of the suit before the Trial Court and his legal heirs were brought on record
Plaintiff had committed an illegality by filing an appeal against a dead person and not including, the legal heirs of the said persons by amending the appeal
Appeal against a dead person was not maintainable, especially when during the pendency of the appeal, the legal representatives/heirs of the dead person were not impleaded as respondents
Revision was dismissed.
"Appeal against deceased defendant", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124937114
Precedents & Case Laws citing "Appeal against deceased defendant"
2006 C L C 1165
KAREEMAN through L.Rs. and others — Petitioners Versus SHER MUHAMMAD through L.Rs. and others — Respondents
Court: Lahore2012 M L D 1282
ATTA-UR-REHMA N — Petitioner Versus MUHAMMAD ANWAR KHAN and others — Respondents
Court: Peshawar2012 Y L R 6
MUHAMMAD SAJID — Plaintiff Versus Mrs. ZAIB-UN-NISA — Defendant
Court: Sindh2001 Y L R 821
SHAMIM AKHTAR — Plaintiff Versus MUHAMMAD ARIF BALOCH and others — Defendants
Court: KarachiP L D 2011 Karachi 117
Master ABDUL BASIT and another — Plaintiffs Versus Dr. SAEEDA ANWAR and another — Defendants
Court: High CourtP L D 2006 Karachi 372
Mrs. SAFIA ZAFAR and 3 others — Plaintiffs Versus AMANULLAH SIDDIQUI and 3 others — Defendants
Court: High Court1993 M L D 977
ISMAIL and 3 others‑‑‑Plaintiffs Versus Mst. AISHA and 7 others‑‑‑Defendants
Court: Karachi2000 M L D 1179
BASHIR AHMED — Plaintiff Versus Messrs FAZAL FLOUR MILLS and 2 others — Respondents
Court: Karachi1992 M L D 490
BIBI KHUDEJA (Deceased) through L.Rs.‑‑‑Petitioners Versus PIR SARWARUDDIN SHAH (Deceased) through L.Rs. and others‑‑ Respondents
Court: Karachi1988 M L D 1627
Mst.ZARI ROHJAN and 5 others‑‑Plaintiffs Versus Syed AFSAR SHAH and another‑‑Defendants
Court: Karachi