| Case ID |
e1175ede-0838-4ca4-b877-71af5736b061 |
| Body |
View case body. Login to View |
| Case Number |
Suit No.123 of 1994 and C.MA. No.7650 of 2005 |
| Decision Date |
Nov 26, 2008 |
| Hearing Date |
|
| Decision |
The plaintiff's application to implead the legal heirs of the deceased defendant was granted. The court determined that the right to sue survives against the legal heirs of the deceased defendant, as the claims made pertain to the property rights rather than personal rights of action. The court emphasized that the term 'right to sue' refers to the right to seek relief that existed at the time of the deceased's passing. It was noted that personal actions do not survive post-death, but property rights do. The court allowed the application for impleading the heirs despite the objection regarding some proposed defendants being minors, affirming that appropriate applications could be filed to address such concerns. |
| Summary |
In the case of Sindh High Court Suit No.123 of 1994, the issue of whether the right to sue survives after the death of a party was highlighted. The plaintiffs sought to implead the legal heirs of the deceased defendant, asserting that their claims were rooted in property rights rather than personal actions that would not survive the death of the defendant. The court ruled in favor of the plaintiffs, allowing the application and clarifying that while personal rights do not survive, rights connected to property do. The ruling cited precedents that reinforce the principle that all rights of action existing at the time of death survive to the legal representatives, barring personal actions tied to the individual. This case emphasizes the importance of distinguishing between personal rights and property rights in legal proceedings, particularly in cases involving deceased parties. Key legal principles from the Civil Procedure Code (V of 1908) were referenced, particularly regarding the implications of a party's death on ongoing litigation. The decision is significant for practitioners in civil law, particularly in matters of inheritance and property claims. Keywords: right to sue, property rights, impleading heirs, civil procedure, legal proceedings, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AZHAR SIDDIQI, J
|
| Lawyers |
Muhammad Masood Khan for Plaintiff,
Khalil-ur-Rehman for Defendants
|
| Petitioners |
3 others,
GHAZANFAR ALLY EFFENDI
|
| Respondents |
others,
ARIF EFFENDI through L.Rs.
|
| Citations |
2009 SLD 488,
2009 CLC 413
|
| Other Citations |
Muhammad Iqbal and 2 others v. Ghulam Ali Shah PLD 1975 Lah. 1205,
Wali and others v. Manak Ali and others PLD 1965 SC 651,
Agricultural Development Bank v. Sanaullah Khan PLD 1988 SC 67,
Ali Muhammad Mirza v. Mst. Sardaran PLD 2004 SC 185
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXII,
O.XXII, R.4
|