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Petitioner: MALI And Others VS Respondent: MUHAMMAD KHAN
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: MALI And Others vs MUHAMMAD KHAN Case No.: Civil Petition for Special Leave to Appeal No. 838 of 1981 F.A.O. No. 130 of 1977 Date of Judgment:1987-03-10 Reported As: 1987 SCMR 812 Result: Petition dismissed
JUDGMENT
JUDGMENT SAAD SAOOD JAN, J--The petitioners filed a suit for pre-emption. Their plaint was rejected for the reason that despite opportunities being given to them they had failed to make up deficiency in the court-fee. They preferred an appeal before the District Judge. The learned District Judge accepted the appeal, setaside the order of rejection of plaint and remanded the suit to the trial Court for disposal in accordance with law. The respondent, Muhammad Khan, filed an appeal before the High Court against the order of remand. During the pendency of the appeal he died. His legal representatives were duly brought on the record. By an order, dated 4-5-1981 a learned Single Judge in the High Court accepted the appeal and restored the order of the trial Court. The petitioners now seek leave to appeal from the order of the learned Single Judge. 2. On behalf of the legal representatives of Muhammad Khan a, preliminary objection has been raised to the competency of this petition. It is stated that this petition has been filed against Muhammad Khan alone without impleading them even though he was duly substituted by them in the High Court. The learned counsel appearing for the petitioner has no explanation whatsoever for filing this petition against a dead man. The petition is accordingly dismissed.