Mst. MURAD BEGUM AND Others vs MUHAMMAD RAFIQ AND OTHER — 1970 SCMR 83

Citation: 1970 SCMR 83

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-05

Parties: Mst. MURAD BEGUM AND Others vs MUHAMMAD RAFIQ AND OTHER

Headnotes

Case cited as 1970 SCMR 83

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: Mst. MURAD BEGUM AND Others vs MUHAMMAD RAFIQ AND OTHER Case No.: Civil Petition for Special Leave to Appeal No. 254 of 1967 Date of Judgment:1967-10-05 Reported As: 1970 SCMR 83 Result: Leave granted Judgment ORDER S. A. RAHMAN, J.-In this case the High Court, has dismissed the appeal of the petitioners on the ground that it was improperly constituted for want of some necessary parties. Those necessary parties were said to be the legal representatives of certain parties who had died and whose representatives were not brought on the record within the time allowed by law. The petitioners seek special leave to appeal from the order of the High Court. Mr. Ghias Muhammad on behalf of the petitioners has pointed out that out of 9 persons, whose representatives are not said to be on the record, three had, according to the finding of the High Court itself, died during the pendency of the suit in the original Court, namely, Buland, Dhannu Mal and Muhammad Musa. The petitioners had not brought the legal representatives of Moti, Abdul Wahid and Abdullah on record, on the plea that they were not necessary parties. It is stated by Mr. Ghias Muhammad that these persons were merely cultivators under Shaikh Mehr Din, deceased, who had an agreement to sell in his favtour, given by Qazi Mehr Din, deceased plaintiff, and the predecessor-in-interest of the respondents. They…

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