BHARMAL Alias BAHADUR KHAN AND Others vs SETTLEMENT COMMISSIONER, MULTAN DIVISION, MULTAN AND Other
This petition for leave to appeal arises from an order of the Lahore High Court dismissing the petitioners' application for setting aside the abatement of their writ petition. The sole contesting respondent had died on 7-8-1970, but the petitioners filed an application to bring legal representatives on record on 8-4-1971, falsely stating the date of death as 2-2-1971 to circumvent limitation issues. The High Court subsequently rejected the petitioners' applications for setting aside abatement and condonation of delay. The Supreme Court of Pakistan held that the petitioners deliberately made a false statement regarding the date of death and by their conduct disentitled themselves to equitable relief. Consequently, the Supreme Court affirmed the refusal of the High Court, ruled that no justification for interference was made out, and dismissed the petition.
- Whether a writ petition abates upon the death of the sole contesting respondent when legal representatives are not brought on record within time?
- Can a party that makes a false statement regarding the date of death to circumvent limitation be granted condonation of delay and setting aside of abatement?
- Does the High Court properly exercise its discretion in refusing to set aside abatement when the applicant is guilty of misleading the court?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-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.
2. The sole contesting respondent in the writ petition filed by the petitioners, died on 7-8-1970.
3. 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.
4. 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.
5. 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.