RUQIA BIBI AND 5 OTHERS vs JALAL DIN AND 8 Other — 1971 SCMR 678

Citation: 1971 SCMR 678

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-26

Parties: RUQIA BIBI AND 5 OTHERS vs JALAL DIN AND 8 Other

Headnotes

Case cited as 1971 SCMR 678

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: RUQIA BIBI AND 5 OTHERS vs JALAL DIN AND 8 Other Case No.: Civil Petition for Special Leave to Appeal No. 154 of 1971 Date of Judgment:1971-10-26 Reported As: 1971 SCMR 678 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-Haji Abdul Ghafoor, the predecessor of the petitioners, had filed a pre-emption suit in the Court of the Senior Civil Judge, Rahim Yar Khan, which was dismissed, An appeal was preferred in the Lahore High Court, Bahawalpur Circuit, through Abdul Hamid, a special attorney. Haji Abdul Ghafoor was murdered on the 4th of July 1963, and as his legal representatives were not brought on record within time, the appeal resulted in abatement. An application was moved by the present petitioners under Order XXI1, rule 9 read with section 151 of the Code of Civil Procedure, on the 1st of October 1964, a year and three months after the murder of Abdul Ghafoor. An application under section 5 of the Limitation Act for condonation of the delay was filed along with the application. The learned Judges of a Division Bench of the High Court have refused to set aside the abatement, and have dismissed the application and the appeal on the ground that no sufficient cause was disclosed to condone the delay of 1 --years that has occurred in filing of the application for setting aside the abatement, and for impleadment of the legal representatives of Abdul Ghafoor. According to…

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