| Case ID |
04967696-09b4-4bbe-a48a-a4ce92ac77f7 |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No. 201 of 1952 |
| Decision Date |
Apr 02, 1954 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the suit does not abate upon the death of the plaintiff after a decree has been passed in his favor. The court highlighted that the death of the plaintiff does not affect the decree, which becomes part of the deceased's estate and will be inherited by legal representatives. The court also clarified that the right of appeal survives even if the original cause of action does not survive the death of the plaintiff. In this case, the appeal was upheld, emphasizing that personal actions resulting in money decrees pass benefits to the heirs. |
| Summary |
In this landmark case, the Lahore High Court addressed critical issues surrounding the abatement of a suit following the death of a plaintiff. The court established that the abatement rules in the Civil Procedure Code do not apply once a decree has been issued. The decision emphasized that a decree, especially one involving financial compensation, remains valid and is inheritable by the deceased's estate. This case underscores the importance of understanding the nuances of civil procedure and the implications of personal actions in legal contexts. Keywords: Lahore High Court, Civil Procedure Code, abatement of suit, legal representatives, personal actions, money decree, inheritance rights, appeal rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. KAIKAUS, J
|
| Lawyers |
Mian Muhammad Shah,
Chiragh Din
|
| Petitioners |
Not available
|
| Respondents |
others,
NOOK DIET (deceased)
|
| Citations |
1954 SLD 48,
1954 PLD 461
|
| Other Citations |
I L R 41 All. 283,
A I R 1950 Pat. 184,
A I R 1943 Oudh 14,
I L R 26 Bom. 597,
I L R 26 Mad. 499,
A I R 1939 Nag. 256,
A I R 1939 Lah. 492,
I L R 9 All. 131,
48 L T 907
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXII,rr.6,11,4
|