| Case ID |
7367a4fb-04e2-4105-8cae-3c83029a9240 |
| Body |
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| Case Number |
Civil Miscellaneous Petition No. 23-R of 1986 and |
| Decision Date |
Feb 09, 1986 |
| Hearing Date |
Feb 09, 1981 |
| Decision |
The Supreme Court dismissed the appeal for non-prosecution due to the failure of the appellant to substitute the legal representatives of the deceased respondent, despite being notified multiple times. The court highlighted the importance of adhering to procedural rules regarding the timely substitution of parties in appeals, reflecting the necessity for legal representatives to be identified and brought on record. This decision underscores the critical nature of compliance with procedural requirements in the legal process to ensure justice is served. |
| Summary |
In the case concerning Dr. Ghulam Bheek and others vs. Settlement Commissioner and others, the Supreme Court of Pakistan addressed significant procedural issues regarding the abatement of appeals due to the death of a party. The appeal was dismissed as the appellant failed to bring the legal representatives of the deceased respondent on record, despite multiple reminders from the court. This case highlights the importance of adherence to procedural rules, particularly the Supreme Court Rules of 1980 and the Civil Procedure Code of 1908, which dictate the necessary steps to be taken following the death of a party in a legal proceeding. The ruling reinforces the need for timely action in legal matters to prevent dismissal for non-prosecution. This case serves as a critical reference for legal practitioners regarding the implications of failing to comply with procedural requirements in appeals, emphasizing the necessity of proper representation and communication in the legal process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN, JJ.,
ZAFFAR HUSSAIN MIRZA, JJ.,
MIAN BURHANUDDIN KHAN, JJ.
|
| Lawyers |
Bashir Ahmad Ansari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Sh. Manzoor Ahmad, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record
|
| Petitioners |
Dr. GHULAM BHEEK and others
|
| Respondents |
SETTLEMENT COMMISSIONER and others
|
| Citations |
1986 SLD 813,
1986 SCMR 1275
|
| Other Citations |
Not available
|
| Laws Involved |
Supreme Court Rules, 1980,
Civil Procedure Code (V of 1908)
|
| Sections |
O. XV, Rr. 4 & 6,
O. XXII, R. 4(1)
|