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Civil Petition No. 985 of 1975, decided on 24th April 1980.
(On appeal from the judgment and order of the Lahore High Court at Lahore dated 2nd June, 1975 in Writ Petition No 1274‑8 of 1969).
--Art. 185 (3)‑Leave to appeal‑Sole contesting respondent in writ petition of petitioner admittedly dying on 7th August, 1970‑Application for bringing on record legal representatives of contesting respon dent (deceased) made on 8th April, 1971 but in order to avoid objection of limitation a false affidavit filed stating such death having taken place on 2nd February, 1971‑Petitioners, held, disentitled themselves to relief by their conduct.
Saeedur Rahman Farrukh, Advocate Supreme Court and Salahuddin, Advocate‑on‑Record for Petitioners.
Muhammad Nasim Khan, Advocate Supreme Court and Majid Ali, Advocate‑on‑Record for Respondents.
Date of hearing : 24th April 1980.
‑Leave to appeal is sought from an order dated 2‑6‑1975 of the Lahore High Court whereby the petitioners' application for setting aside the abatement of their writ petition was dismissed.
The sole contesting respondent in the writ petition filed by the petitioners, died on 7‑8‑1970. Application was made on 8‑4‑1971 for bringing on record the legal representatives. It was wrongly stated therein that the death had taken place on 2‑2‑1971. An affidavit, it is stated was also filed in. support of the application. It was allowed subject to all just exceptions on 24‑5‑1971.The legal representatives moved an application in 1975 with averment and proof of 7‑8‑1970, as correct date of death and sought disposal of writ petition as having abated. The petitioners then filed an application for setting aside of abatement and another for condonation of delay. A learned Single Judge after analysing the facts, "in the circumstances of the case" rejected both the applications.
The actual date of death as 7‑8‑1970 is not disputed. The application dated 8‑4‑1971 and affidavit filed in support of it contained a false statement that the death took place on 2‑2‑1971. It was so done in order to avoid objection of limitation. The petitioners had by their conduct disentitled themselves to relief. The refusal by the High Court is unexceptionable. No justification has been made out for interference. This petition is dismissed.
Petition dismissed.
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