MUHAMMAD KHAN vs MUHAMMAD ALI KHAN AND Other — 1970 SCMR 50

Citation: 1970 SCMR 50

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-09

Parties: MUHAMMAD KHAN vs MUHAMMAD ALI KHAN AND Other

Headnotes

Case cited as 1970 SCMR 50

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD KHAN vs MUHAMMAD ALI KHAN AND Other Case No.: Civil Petition for Special Leave to Appeal No. 317 of 1967 R. S. A. No. 22 of 1962 Date of Judgment:1967-10-09 Reported As: 1970 SCMR 50 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI. J: Muhammad Ali Khan the prede--cessor in interest of the respondents obtained a decree for posses--sion of certain agricultural land against the petitioner in exercise of his superior rights of pre-emption. On appeal the judgment and decree of the trial Court were affirmed by the District Judge aggrieved by which the petitioner filed a revision petition in the High Court which due to change in the law was subsequently converted into a second appeal. Muhammad Ali the sole respon--dent in the appeal flied' during the pendency of the appeal and for nearly two years no steps were taken by the petitioner to bring: on record his legal representatives. The application made by the petitioner for impleading the legal representatives of the deceased was accordingly opposed by the respondents as being out of time and the respondent No. 5 also filed an affidavit to the effect that petition had timely knowledge of the death of his father. Vic petitioner maintained that he did not come to know of the demise of Muhammad Ali in time and that the time prescribed by law for impleading his legal representatives started to run…

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