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Civil Appeal No. 131 of 1974, decided on 1st December, 1985.
(On appeal from the judgment, dated 26‑2‑1974 of the Lahore High Court, Lahore in S.A.O. No. 311 of 1966).
‑‑‑O. XXII, r. 4‑‑Supreme Court Rules, 1980, O.XV, r.7‑‑Death of respondent‑‑Appellant failing to take steps during 8 years to bring his legal representatives on record‑‑No good ground existing for extending time for the purpose‑‑Appeal having become improperly constituted, held, could not proceed‑‑Appeal dismissed.
Raja Mahmood Akhtar, Advocate Supreme Court and Ch. M. Aslam, Advocate‑on‑Record (absent) for Appellants.
Zamir Hussain Zaidi, Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record (absent) for Respondent.
Date of hearing: 1st December, 1985.
‑The appellants were granted leave to appeal by an order of this Court passed on 9‑10‑1974. The appeal has come up for hearing today, after over 11 years. In the meanwhile, the respondent Kazi Inayat Ahmad died at Lahore on 31‑10‑1977. No steps have, however, been taken by the appellants to bring his legal representatives on record so far.
Under Order XV, rule 7 of the Supreme Court Rules‑‑
"An application to bring on record the legal representatives of an appellant or a respondent, who has died or suffered a change of status, shall be made within 90 days of such occurrence:
Provided that the Court may, for sufficient cause, extend the time. "
The appellants have not, as mentioned already, submitted any application to bring the legal representatives of the respondent on the record, although this should have been done by them within 90 days of 31‑10‑1977. The result is that this appeal has become improperly constituted and cannot proceed as it is. No good ground is shown for extending the time to allow the legal representatives of the deceased‑respondent to be brought on the record after 8 years of his demise.
This appeal, accordingly, stands dismissed. Order accordingly. No orders as to costs.
M. I. Anneal dismissed
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