| Case ID |
f6ffeb0e-f1db-4372-839d-53544d37760f |
| Body |
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| Case Number |
Civil Miscellaneous Petition No. 287/C of 1955 |
| Decision Date |
Mar 29, 1957 |
| Hearing Date |
Apr 05, 1954 |
| Decision |
The Lahore High Court addressed the issue of abatement in appeals concerning deceased respondents. It was held that the practical test for determining total abatement is whether the appeal remains properly constituted without the legal representatives of deceased respondents. The court determined that the absence of the deceased did not render the appeal imperfectly constituted, allowing it to proceed. The decision emphasized that abatement occurs solely concerning the deceased party, and the appeal could still be adjudicated based on the merits concerning the living respondents. The court concluded that the appeal did not abate, and execution was to remain stayed during its pendency. |
| Summary |
This case from the Lahore High Court revolves around the principles of abatement in civil appeals, particularly concerning the death of a respondent. The court analyzed the implications of not bringing legal representatives on record in time and established that the appeal could proceed despite the absence of deceased parties, provided it remained properly constituted with the living respondents. The ruling clarified the criteria for total abatement, emphasizing the need for a practical approach to determine whether the appeal could be adjudicated without the deceased. The decision underlines the importance of understanding joint and indivisible rights in property disputes, especially in cases involving shamilat land. The court's ruling is significant for ensuring that appeals are not unduly hindered by procedural lapses regarding the parties involved. The keywords relevant to this case include abatement, civil appeals, Lahore High Court, legal representatives, shamilat land, and procedural law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. KAIKAUS, J
|
| Lawyers |
Syed Muhammad Zafar,
Sh. Maqbool Ahmad
|
| Petitioners |
FAZAL DAD
|
| Respondents |
NEK ALAM,
Ahmad son of Wali,
Maula son of Karam Dad
|
| Citations |
1957 SLD 50,
1957 PLD 430
|
| Other Citations |
A I R 1928 Lah. 573,
A I R 1946 Lah. 399,
A I R 1938 Lah. 35,
A I R 1927 Lah. 851
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXII,r.4,
O.XXII,r.11
|