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Petitioner: Mst. KALSOOM KHANUM VS Respondent: SETTLEMENT COMMISSIONER AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title: Mst. KALSOOM KHANUM vs SETTLEMENT COMMISSIONER AND Other Case No.: Civil Appeal No. 173 of 1975 Petition No. 247/R/74 Date of Judgment:1982-05-04 Reported As: 1983 SCMR 112 Result: Appeal dismissed
JUDGMENT
JUDGMENT ASLAM RIAZ HUSSAIN, J.-This is a settlement matter in which leave was granted by order dated 10- 10-1975. 2. Before us the learned counsel raised a preliminary objection namely that Muhammad Amin (respondent No. 3), the only contesting respondent had died on 19-10-1977. A notice was given by his legal representatives to the appellant requiring them to implead the heirs of the deceased as respon--dents in his place. The notice was received by the Advocate-on-Record for the appellant but he did not do the needful and failed to make the requisite application within the statutory period of 90 days. Subsequently, however, he filed an application for impleading the legal heirs of the deceased respondent as respondents on 24-5-1978 alongwith an application for condonation of delay in filing the application. 3. We have gone through the said application and heard the learned counsel for the parties on the question of condonation of delay. Counsel for the respondents referred us to Sardar Muhammad Tufail v. C. S. C. And others (1970 SCMR 72), to urge that delay should not be condoned in such a case. Having considered this question we feel that the grounds for condo--nation of delay put forward by the appellant's counsel are not convincing. We, therefore, reject the application with the result that the appeal is dismissed as having abated.