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MST. AFSHAN versus IIIRD ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI (SOUTH) CITY COURTS, KARACHI


A. XXII, R 3 Sindh Rated Premise Ordinance (XVII of 1979), Section 21 Constitution Pakistan, 1973, Article 199 Constitutional appeal After the death of the appellant's father, the legal representatives filed an appeal before the Court of Appeal and the same He died shortly thereafter after the applicants filed an application before the Appellate Court as legal representatives under OXX XXII, R 3, CPC, however, such application was rejected and on this basis The appeal was dismissed that the applicants were not brought. Earlier in the record, the appellate court, dismissing the appeal, had completely lost the fact that after the amendment to OXXII, any trial or appeal or other proceeding in the CPC simply ended on this basis. It cannot be said that the legal representative of a party, in this case, proceedings against a deceased person not brought on the appeal or proceeding record was vague and could not be brought to life. Since he had filed an appeal and died during his conviction, therefore, his death and legal heirs have left him unhappy. Due to non-importation, the appeal can neither be dismissed nor dismissed.

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