Legal Case Summary

Case Details
Case ID 7367a4fb-04e2-4105-8cae-3c83029a9240
Body View case body.
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)