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Civil Appeal No. 161 of 1972, decided on 2nd May, 1983.
(On appeal from the judgment dated 15th February, 1972, of the Lahore High Court, Lahore in L. P. A. No. 4‑C of 1972).
‑ Art. 185‑Civil Procedure Code (V of 1908), O. XXII, r. 3 read with Limitation Act (IX of 1908), S. 5 ‑Abatement of appeal‑Death of appellant during pendency of appeal‑No application for bringing on record appellant's legal representative made and appeal abating on expiry of ninety days‑Applications for setting aside abatement and for bringing legal representative on record submitted about forty‑four months after appellant's death‑No sufficient cause given for condon ing long period of delay‑Appeal disposed of as having abated. [Abatement‑Appeal (civil)].
Sh. Masud Akhtar, Advocate‑on‑Record for Appellant.
Mian Nusratullah, Senior Advocate Supreme Court and Sh. Ijaz Ali, Advocate‑on‑Record for Respondents.
Date of hearing : 2nd May, 1983.
During the pendency of this appeal Din. Muhammad, who filed the appeal, died on 12‑12‑1978. It is admitted Mr. Masud Akhtar, learned Advocate‑on‑Record for the deceased‑appellan t that the appeal abated on the expiry of 90 days of the death, namely, on 12‑3‑1979, as no application for bringing on record his legal representa tives was made within the prescribed period of 90 days.
Accordingly, an application for setting aside the abatement and bringing on record the legal representatives of the deceased‑appellant along with an application for condoning the delay in filing the said application has been submitted.
We observe that all the above applications have been submitted on 23‑11‑1982, i.e. nearly forty‑four months after the deceased‑appellant's death.
The perusal of the application for condo nation of delay does not, how ever, give any sufficient cause for condoning this long period of nearly 44 months delay. Hence the delay cannot be condoned.
This appeal, therefore, stands disposed of as having abated.
S. Q. Appeal abated.
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