DIN MUHAMMAD Versus PROVINCE OF PUNJAB

1. NASIM HASAN SHAH, J.‑ 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.

2. 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.

3. 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.

4. 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.

5. This appeal, therefore, stands disposed of as having abated.

6. S. Q. Appeal abated.