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Abatement of suits and proceedings pending before any Court or authority - Lawyers of Pakistan

Abatement of suits and proceedings pending before any Court or authority

Citation Name : 2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Dr. MUHAMMAD AFZAL HUSSAIN
Side Opponent : ADDITIONAL DISTRICT JUDGE, LAHORE
S. 16---abatement of suits and proceedings pending before any Court or authority---According to S.16 of Punjab Undesirable Co-operative Societies (Dissolution) Act, 1993, all issues relating to property, assets and liabilities of undesirable cooperative society which even were pending before any court or authority stood abated on appointment of Liquidator---All fresh proceedings against such society were only to be instituted before Co-operative Judge within 60 days of such abatement ---All decrees etc. passed by any court, except Supreme Court of Pakistan against properties and assets of any undesirable cooperative society or after first day of July, 1990, were to become unexecutable and of no legal effect unless such judgment and decree was confirmed by Co-operative Judge after hearing concerned parties---Any person who relied on such decrees, judgments etc. was competent to approach Co-operative Judge for its confirmation within 60 days of appointment of Liquidator.


Citation Name : 2015 CLC 734 ISLAMABAD
Side Appellant : C.D.A.
Side Opponent : R.M. GULISTAN ENGINEERS AND CONTRACTORS (PVT.) LTD.
S. 3---Arbitration Act (X of 1940), Ss. 8 & 20---Law Reforms Ordinance (XII of 1972), S. 3---Intra-court appeal---abatement of proceedings before arbitrator---Scope---Sole arbitrator was appointed with the consent of both the parties---Capital Development Authority (abatement of Arbitration Proceedings) Act, 1975 was applicable to the contracts/arbitration proceedings entered into by Capital Development Authority prior to the passing of the Act---abatement of proceedings before arbitrators under S. 3 of Capital Development Authority (abatement of Arbitration Proceedings) Act, 1975 would pertain to the contracts and proceedings entered into prior to the passing of the Act---Such prohibition or abatement was with regard to the contracts entered in the past and not for future contracts or arbitration proceedings---Capital Development Authority (abatement of Arbitration Proceedings) Act, 1975 had no applicability to the agreements executed after the passing of the Act---Intra-court appeal was dismissed in circumstances.


Citation Name : 2015 PLC(CS) 1442 FEDERAL-SERVICE-TRIBUNAL
Side Appellant : MUHAMMAD TUFAIL
Side Opponent : NATIONAL BANK OF PAKISTAN
Ss. 4, 5(2) & 2-A [since repealed]--- Balochistan Service Tribunals (Appeal) Rules, 2013, R.9(4)---Civil Procedure Code (V of 1908), O.XXII, Rr.1 & 11---Service appeal---Death of civil servant during pendency of service appeal---Legal heirs, impleadment of---Scope---Abatemennt of appeal---Scope---Words "right to sue"---Inheritable right---Terms and conditions of service---Scope---Vested and substantive rights should be decided according to law which was prevalent when the action was initiated and the door of the court was knocked and/or machinery of the court was set in motion---Service appeals which were filed before Service Tribunal prior to repeal/omission of S.2-A of Service Tribunals Act, 1973 should be deemed to be pending before it and same should be decided according to law which was in field at the commencement of the lis---Petitions filed by the legal heirs of deceased employees could not be dismissed summarily on the ground of repeal of S.2-A of Service Tribunals Act, 1973---Legal heirs of a deceased civil servant could not file a fresh appeal in Service Tribunal---No provision existed in the Service Tribunals Act, 1973 that upon the death of civil servant his appeal would abate---Term "right to sue" would refer to the right to seek the same relief which the deceased civil servant was seeking at the time of his death---Service appeal might be continued by the legal representatives of deceased civil servant to the extent of inheritable rights where the cause of action survived---All rights of action existing in favour of a person would survive except personal actions connected with the individuality of the deceased civil servant---Personal right of actions would die with the person---Civil servant could knock the door of Service Tribunal whenever he was aggrieved of an order with regard to terms and conditions of his service---Terms and conditions of service would include pay, promotion, allowances, pension and seniority---Financial benefits would be inheritable which would devolve upon the legal heirs of deceased civil servant---Legal heirs of a deceased civil servant could pursue the service appeal filed by his predecessor-in-interest provided that the benefits likely to accrue on the acceptance of such an appeal were admissible to such legal heirs under the rules---Order XXII, Rr.1 & 11, C.P.C. did not provide the abatement of a suit/appeal on the death of plaintiff/appellant if the right to sue survived---Deceased civil servants had filed service appeals before the Service Tribunal with regard to the terms and conditions of services which entailed financial benefits inheritable by their legal heirs upon their death---Legal heirs of deceased civil servants were entitled to be impleaded as party to pursue their cases to the logical conclusion---If right to sue survived then an appeal would not be abated on the death of a party---Legal heirs of a civil servant could be impleaded as a party to the appeal filed by their predecessor-in-interest with regard to terms and conditions of service entailing financial benefits which were inheritable by them on the demise of civil servant---Petitions for impleadment of legal heirs of civil servants were accepted in circumstances.

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