Death of defendant
Death of defendant legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
During pendency of suit for declaration and injunction, two defendants died and their legal heirs sought abatement of proceedings under O.XXII, R.1, C.P.C.
Application filed by legal heirs was dismissed by Single Judge of High Court
Validity
Action could be abated on a death of a party but cause of action survived
Cause of action was the transfer of property, which was very much alive and surviving and could only be decided after leading of evidence by parties
Matter did not pertain to individuality of the persons but the cause of action was with regard to a property and its selling, transfer etc. therefore, such proceedings could not abate on the death of defendants
If the matter was of personal individuality or personal injury, the position would have been different
Division Bench of High Court declined to interfere in the order passed by Single Judge of High Court
High Court appeal was dismissed in circumstances.
Provisions of O.XXII, R. 4, C.P.C. were not applicable to the revision petitions rather the same were applicable to the suits and appeals only.
"Death of defendant", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942659
Precedents & Case Laws citing "Death of defendant"
1993 C L C 510
Before Gul Zarin Kiani, J Versus ABDUL HAMID and others‑‑‑Respondents
Court: Lahore2008 C L C 55
Mrs. SHAMIM BARLAS — Plaintiff Versus AL-HABIB COOPERATIVE HOUSING SOCIETY through Secretary and another — Defendants
Court: Karachi2012 Y L R 6
MUHAMMAD SAJID — Plaintiff Versus Mrs. ZAIB-UN-NISA — Defendant
Court: Sindh1992 M L D 490
BIBI KHUDEJA (Deceased) through L.Rs.‑‑‑Petitioners Versus PIR SARWARUDDIN SHAH (Deceased) through L.Rs. and others‑‑ Respondents
Court: Karachi1995 C L C 1348
SAIFUDDIN‑‑‑Appellant Versus ZAINUDDIN and another‑‑‑Respondents
Court: Karachi2010 M L D 393
Mst. SHAHEEN BIBI and others — Petitioners Versus Mst. KHAISTA JANA and others — Respondents
Court: PeshawarP L D 2006 Karachi 258
TRADING CORPORATION OF PAKISTAN (PVT.) LTD. — Plaintiff Versus Messrs SYED CORPORATION — Defendant
Court: High Court1988 C L C 1780
KHALID PERVAIZ and another‑‑Appellants Versus GRINDLAYS BANK LIMITED, LAHORE‑‑Respondent
Court: Lahore2007 C L D 217
INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN, KARACHI — Plaintiff Versus Messrs ZAMCO (PVT.) LTD. and 10 others — Defendants
Court: Karachi2016 M L D 1144
Ch. RIASAT ALI — Petitioner Versus IMTIAZ BEGUM and 5 others — Respondents
Court: High Court (AJ&K)