Without implementing the legal heirs of the victim, O. VII, R13 and Section 12 (2), it was decided that the defendants' list of legal representatives had been filed with a written statement without the name of their son. At the hearing, the court passed in favor of the plaintiff. The defendant's death without applying under section 12 (2) as one of the plaintiff's legal heirs, CPC filed by the deceased defendant's son to revoke the decree. Need to be enforced by the claimant as an essential party. Who concealed this fact from the court, the failure of the defendant's reasonableness in complying with the provisions of the Eighth, R13, CPC, when his written statement was filed, his absence of legal heirs Can't stop the case from proceeding, R 13, the CPC was not mandatory, but was a directory in nature, therefore, the plaintiff strongly states that during the filing of the amended plaintiff, the defendant strictly stated that there was no punitive action if it did not comply. Can be Thus, the legal heirs of the deceased defendant other than the son, hence the order was obtained by concealing material facts from the court. The petitions were accepted in the circumstances.
Related judgments — Lahore High Court Lahore, 2013
