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ABDUL REHMAN versus SETTLEMENT COMMISSIONER


A. XXII, r 3 Legal Representatives In order to bring legal representatives of legal representatives on the legal record, the applicants must continue to be interested in the legal representatives of respondents, the names, details and details of such legal representatives and in the absence of such details The reasons given in the affidavit filed by the applicant will not be accepted.

1981 C L C 1317

[Karachi]

Before B. G. N. Kazi, J

Haji Choudhry ABDUL REHMAN (THROUGH His LEGAL HEIRS)‑Petitioner

versus

SETTLEMENT COMMISSIONER AND 6 OTHERS‑Respondents

Constitutional Petition No. S‑29 of 1980 (Miscellaneous No. 109 of 1989 and Civil Miscellaneous Application No. 390 of 1980), decided on 4th May, 1981.

(a) Civil Procedure Code (V of 1908)‑----

---------‑‑ O. XXII, r. 3‑Substitution of Legal Representatives‑Legal Representatives of deceased petitioner applying to be brought on- record‑Petitioner's interest in subject‑matter continuing as interest of Legal Representatives‑Contesting respondents opposing appli cation on allegation of names of married daughters having not been mentioned in list‑Contesting respondents, held, had to state names, particulars and details of such Legal Representatives and in absence of such particulars no reason why names given in affidavit filed by applicant be not accepted.

(b) Civil Procedure Code (V of 1908)‑----

‑‑ O. XXII, r 3 (2)‑Non‑intimation of petitioner's death‑Peti tioner living when petition presented in Court and filing affidavit in, support‑Petitioner's death conceivably not intimated to counsel --Petitioner represented by counsel on day following alleged date of death when admitting order passed‑Held, no, objection could be raised to admission, notwithstanding death of petitioner.

Fajar Ali and others v. Mst. Jamila and others P L D 1969 Lah. 545 ; Chand and others v. Abdul Ghaffar and others P L D 1965 Lah. 596 ; Rashid Ahmed and 8 others v. Muhammad Arshad P L D 1975 Lah. 1195 and Allah Bakhsh and others v. Mst. Noor Khatoon and others 1981 S C M R 1169 ref.

Maroof Ali Khan for Petitioner.

Ismail Munshi for Respondents Nos. 3 to 7.

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