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Civil Revision No. 468 of 1971, decided on.13th Match, 1978.
_‑ O. XXII, r. 4‑Partial abatement of suit‑Petitioner and three ethers (plaintiffs) bringing suit against respondents (defendants) for declaring plaintiffs being in possession of land and for perpetual injunction to restrain defendants from interfering with their possession‑One defendant dying during pendency of suit and his Legal Representatives not brought on record‑Each defendant proclaiming to be owner of specified share‑ Suit based on distinct and separate causes of action‑‑Held, suit abated only partially and not in toto and plaintiffs could file separate suits against each defendant or join them in one suit‑Held further Suit could proceed to final adjudication in absence of Legal Representatives of deceased defendant and partial abatement did not affect rest of suit.‑[Abatement].
Wali and others v. Manak Ali and others P L D 1965 S C 651 ,fol.
Ch. Mushtaq Ahmad Khan for Appellant.
Muhammad Akram Khawaja for Respondents.
Date of hearing : 11th March, 1978.
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