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Petitioner: RAHMAT ALI VS Respondent: ABDULLAH
1988 S C M R 1284
1988 S C M R 1284
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
RAHMAT ALI‑‑Appellant
versus
ABDULLAH and another‑‑Respondents
Civil Appeal No.114 of 1975, decided on 6th October, 1987.
(From the order dated 10‑10‑1974 of the Lahore High Court, Bahawalpur Circuit passed in Civil Misc. No.367/74‑BWP. in R.S.A. No.515 of 1969).
Civil Procedure Code (V of 1908)‑‑
‑‑‑O.XXII, R.4‑‑Limitation Act (IX of 1908), S.5‑‑Impleading of legal representatives‑‑Failure‑‑Effect of‑‑Death of respondents‑‑Time‑barred application for impleading legal representatives‑‑Explanation for condonation of delay clearly unacceptable‑‑Appeal being not properly constituted, dismissed.
Ch. Akhtar Ali, Advocate‑on‑Record for Appellant.
Hassan Ahmad Khan Kanwar, Advocate Supreme Court and Inayat Hussain, Advocate‑on‑Record for Respondents.
Date of hearing: 6th October, 1987.
JUDGMENT
SAAD SAOOD JAN, J.‑‑There are only two respondents in this appeal. They are both dead. One died on 28‑8‑1986 and the other expired on 2‑8‑1983. The application for impleading their legal representatives has been made only today. The application is clearly out of time. The explanation offered for the delay is that the parties resided in different villages and for that reason the appellant did not come to know of the deaths of the respondents earlier. This explanation is clearly unacceptable, for, from the addresses of the parties provided by the appellant himself it is apparent that they all resided in the same village. We accordingly reject the application for condonation of the delay. As the appeal is not properly constituted, it is hereby dismissed with no order as to costs.
M.I./R‑53/S Appeal dismissed.