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Statement as to legal representatives of plaintiff- - Lawyers of Pakistan

Statement as to legal representatives of plaintiff-

Citation Name : 2016 CLC 663 PESHAWAR-HIGH-COURT
Side Appellant : SHER KHAN
Side Opponent : GUL ZAR KHAN
O. VII, R. 26 & O.XXII, R.1---Statement as to legal representatives of plaintiff---Judgment pronounced after death of plaintiff---Validity---None of legal heirs had moved any application for their appointment as legal heirs of deceased---Predecessor of present plaintiffs having died just after completion of arguments and before pronouncement of impugned judgment, appellate court had rightly proceeded and pronounced impugned judgment---No abatement took place by reason of death of either party after hearing of the case and before pronouncement of judgment.


Citation Name : 2016 CLC 663 PESHAWAR-HIGH-COURT
Side Appellant : SHER KHAN
Side Opponent : GUL ZAR KHAN
Ss. 12, 54 & 55---Civil Procedure Code (V of 1908), O.VII, Rr.11(a), (d) & 26---Limitation Act (IX of 1908), Art.113---Suit for specific performance and perpetual and mandatory injunction---Limitation, determination of---Rejection of plaint---Judgment pronounced after death of plaintiff---List of legal heirs not filed---Effect---Plaintiff filed suit regarding transfer of land, which was dismissed under O.VII, R.11, C.P.C. both by trial court and appellate court on grounds of limitation and absence of cause of action---Plaintiffs contended that as their predecessor had died after submission of final arguments but before passing of impugned judgment by appellate court, impugned judgment was not valid against a dead person---Validity---Under Art.113, Limitation Act, 1908, period of limitation for filing suit for specific performance was three years, which would start from date, month and year of agreement in case time for performance was not stipulated---Agreement in question was alleged to have been executed twenty years back, thus suit was barred by limitation---None of legal heirs had moved any application for their appointment as legal heirs of deceased---Predecessor of present plaintiffs had died after completion of arguments and before pronouncement of impugned judgment, appellate court had rightly proceeded and pronounced impugned judgment---No abatement took place by reason of death of either party after hearing of the case and before pronouncement of judgment---Variations existed in pleadings of previous suit and present suit regarding description of Khatas (particulars of suit land)---Revision petition was dismissed in circumstances.


Citation Name : 2016 PLD 456 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NATIONAL BANK OF PAKISTAN
Side Opponent : MUHAMMAD HALEEM KHAN CHOHAN
Death would extinguish the liability in tort---abatement ---Scope---Where appeal was filed by the tortfeasor and cross-objections were filed by the plaintiff and appellant had died, appeal did not abate but cross-objections would abate and if plaintiff had appealed, the same would also abate.

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