NAZIR AHMAD Versus BARKAT MASIH

MAULVI ANWARUL HAQ, J.--- The facts and circumstances in which notice was issued to the respondent stand recorded in detail in my order, dated 25-7-2008.

2. No one is present for the petitioner despite calls. However, having examined the copies of the accompanying records, I am not inclined to dismiss this civil revision for non-prosecution. Learned counsel for the respondent has put in appearance and has been heard.

3. It is an admitted position on record that whereas the appeal was filed on 30-10-2003 by the respondent against order, dated 2-10-2003 dismissing the objections of the respondent, the only respondent in the appeal i.e. Mst. Zubaida Begum had, in fact, died in the year, 1992. Be that as it may, she was proceeded against ex parte and the appeal was allowed on 14-6-2005. In the interregnum the LRs of the deceased lady had transferred the property to Nazir Ahmad petitioner vide registered sale-deed, dated 24-8-2002. Neither the LRs of the said lady nor the petitioner was impleaded as a party to the appeal.

4. Pursuant to the said order of the learned ADJ, the petitioner was dispossessed. He filed an application for setting aside of the said judgment, dated 14-6-2005 and for restoration of possession. Somehow or the other the learned ADJ proceeded to treat it as a review application and proceeded to dismiss the same as time barred notwithstanding the said admitted facts on record. Learned counsel for the respondent finds it very difficult to defend the impugned orders. He tried to argue that notwithstanding the death of Zubida Begum, her son was pursuing the matter before the learned Executing Court and his client thus remained under the impression that the lady is alive.

5. Needless to state that a judgment passed in a case filed against a dead person is void ab initio.

6. The civil revision accordingly is allowed. The impugned order, dated 23-4-2008 as well as the judgment, dated 14-6-2005 of the learned ADJ, Lahore, are set aside. The result would be that the appeal filed by the respondent shall be deemed to be pending. The respondent shall appear before the learned District Judge, Lahore, on 18-12-2008. He shall file an amended memo. of the parties impleading the LRs of the said Mst. Zubaida Begum as well as the petitioner. A notice shall be issued to the said additional respondents and the appeal shall then be heard and decided in accordance with law. The matter of restoration of possession shall be decided on the application of the petitioner, if any. No orders as to costs.

7. A copy of this judgment be immediately remitted to the learned District Judge, Lahore.

S.A.K./N-3/L Revision accepted.