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TRADING CORPORATION OF PAKISTAN (PVT.) LTD. versus MESSRS SYED CORPORATION


AXXII, R4 Limitation Act (IX of 1908), Section 5 and Article 177 The death of the petitioner for the enforcement of the delayed inheritance in the case of the defendant, OXII, R 4, death by the court under CPC Allowed to stand trial. The defendants, as he was alive, however, accepted the condition that the request to bring the legal heritage on record was not transferred within the time prescribed under Article 177 of the Law Act, 1908. ? The court can proceed with the case despite the defendant's death. It said that the provision of the law was exempt from the common law under which no action can be taken against a deceased person and such law should be strictly barred from the effect of failure of law enforcement. Representatives of the deceased defendants will be barred from participating in the proceedings within the stipulated time. The petition for the enforcement of the legal rights of the deceased defendant was filed after a delay of approximately 29 months while only 90 days were provided for Article 177 of the Limitation Act, 1908. The only reason for the condolences was the disclosure, which was ignorant of the suit's pendence, which was not a comprehensible reason, because in this case there was no negligence of leave, the basis for the delay could not be established, the legal heirs of the deceased defendant. Was prevented from participating in the proceedings was to stand trial against the deceased defendant and any decision that could be agreed. If no effect is taken in this case, it will have the same power and effect as if it were heard during the life of the late.

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