NAWAB KARIM vs THE CHIEF SETTLEMENT COMMISSIONER AND 2 Other — 1970 SCMR 72

Citation: 1970 SCMR 72

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-05-16

Parties: NAWAB KARIM vs THE CHIEF SETTLEMENT COMMISSIONER AND 2 Other

Headnotes

Case cited as 1970 SCMR 72

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Hamoodur Rahman, Sajjad Ahmad Jan Title: NAWAB KARIM vs THE CHIEF SETTLEMENT COMMISSIONER AND 2 Other Case No.: Civil Appeal No. K-36 of 1966 Date of Judgment:1969-05-16 Reported As: 1970 SCMR 72 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-A preliminary objection has been raised on behalf of the respondents, that this appeal has abated owing to the non-impleadment within time, of the legal representatives of respondent No. 3 (Manzarul Haq Karimi) who had died on the 29th of March 1968. It is alleged that the appellant who is a brother-in-law of Manzarul Haq Karimi, deceased, knew about his death and had attended his funeral. The record shows that the respondent's Attorney sent a letter on the 28th of June 1968, to the Registry of this Court with a copy to the Attorney for the appellant, conveying an intimation that Manzarul. Haq had died on the 29th of March 1968. In spite of this information no application was made to bring the legal representatives of the deceased respondent on record till the 30th of September 1968, i.e. After 92 days of this intimation. Order XVI, rule 9 of the Supreme Court Rules, prescribes a period of 90 days for such a step. The appellant has filed an affidavit to explain the circum--stances of the delay in making the application. He admits that he knew about the death of Manzarul Haq on the data' on which it occurred nut he did not know that the legal representatives of…

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