Suits AXXII, R2, O IX R9 & O VII, R26 were dismissed for illegal proceedings and the application for restitution of the suit was also dismissed, one of the defendants died due to the suit. Had landed on the pier. After the death of the plaintiff, the action is terminated, depending on the nature of the cause of action, the death of either party may be reduced to any action, but in the present case the cause of action can be avoided, Three plaintiffs filed, one of them died during the trial, and as such his right to legal proceedings survived, the dismissal of the lawsuit for illegal prosecution, therefore, the ruling Legal and Order XXII, Rule 2, CPC Ordinance XXII, R 2 expressly constitute a waiver. The CPC had to be strictly withheld and the entire trial could not be reduced simply because some of the plaintiffs had died while legal representatives were not brought on record, the court itself is capable of bringing legal representatives. The list of the deceased plaintiff as a list of legal heirs was attached to the plaintiff under Order VII, Rule 26, the CPC High Court set aside the defective orders, under which the circumstances allowed the intra-court appeal
Related judgments — Karachi High Court Sindh, 2013
