MUHAMMAD YAQOOB Versus ZAINAB BIBI

ORDER

1. MUHAMMAD AFZAL ZULLAH , J .‑‑Leave to appeal has been sought from order, dated 9‑4‑1984 of the Lahore High Court whereby the petitioners' Regular Second Civil Appeal, was dismissed, on the ground that a set of necessary parties was not impleaded at the time of the filing of the appeal, and that when they were impleaded the period of limitation had already expired.

2. The respondents Nos. 1 to 4 and Ch. Hakeem‑ud‑Din predecessor in‑interest of respondents Nos. 5 to 10 had filed a suit for specific performance against Fazal Din, the predecessor‑in‑interest of the petitioners. The suit was decreed. Fazal Din's First Appeal was dismissed on 13‑7‑1972. Before that day Ch. Hakeem‑ud‑Din having died, his legal representatives were duly brought on record as respondents in First Appeal. Notwithstanding the same when Fazal Din filed Second Appeal in the High Court he failed to implead the legal representatives of Hakeem‑ud‑Din, instead, name, of Hakeem‑ud‑Din was wrongly mentioned under a mistake. They were, however brought on record subsequently after the expiry of the period of limitation. That being so, the High Court in the impugned judgment declined to examine the merits and dismissed the appeal as time‑barred.

2. We having heard the learned counsel are of the view that there is difference of authority on the question whether in the circumstances like those in the present case the appeal could be dismissed as time barred. And thus, an authoritative pronouncement is necessary.

3. The cases cited at the bar from both the sides are:

4. V.P.R.V. Chockalingam Chetty v Seethai Ache and others AIR 1927 PC 252; Labhu Ram and others v. Ram Partap and others AIR (31) 1944 Lah. 6HH; Darbar Alabhi Vajsurbhai and others v. Bhura Dhaya and others A I R 1937 Bom. 401; Swaminatha Odayar v. T. S. Gopalaswami Odayar and others A I R 1932 Mad. 741, Hali Mandal and another v. Khirode Bala Debya P L D 1961 Dacca 332; Muhammad Sher v. Muhammad Khan (rep. by 11 heirs) P L D 1979 Lah. 1016; Niamatullah Khan and others v. Ghulam Sarwar and others P L D 1975 Pesh. 31; Hazrat Shah v. Rehan Shah and others 1980 C L C 1093; Azad Government of the State of Jammu and Kashmir and another v. Commissioner, Workman's Compensation, Muzaffarabad, 1981 C L C (AJ&K) 1143: Muhammad Jamil v The Chairman, Industrial Court, West Pakistan PLD 1960 SC 559; Allah Yar and others v. Fazal Karim and others PSCS (Pak.) 1020, Muhammad Suleman and others v. Muhammad Ibrahim through his L.Rs. and others 1985 S C M R 67 and Akbar Khan v. Sher Ahmad alias Sher Alam C.P. No. 25‑P. of 1985, dismissed on 8‑1‑1986.

5. We accordingly grant leave to appeal. Security Rs.1,000.

6. The appeal shall be heard on the present record with liberty to file additional documents, if necessary.

7. M.I./M‑23/S Leave granted.