1991 SCMR 1360

ZENAB BIBI Versus NISAR AHMAD

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Citation1991 SCMR 1360

CourtSupreme Court of Pakistan

Case No.Civil Petition for Leave to Appeal No.415 of 1988

Date1989-08-19

Judge(s)Muhammad Afzal Zullah and S. Usman Ali Shah

Authored byMuhammad Afzal Zullah

ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑‑ The legal heirs of a deceased party having been impleaded by the High Court in a pending second appeal, the petitioners have challenged the interim order passed by that Court in this behalf.

2. The approach of the High Court was that the concerned party was one of the pro forma defendants. On. his "demise his daughter Aisha was impleaded and now she herself has passed away. Her legal representatives be brought on the record but it shall be subject to the objection .............................................................. ...........................................With this reservation, the C.M. is allowed."

3. Obviously the order was subject to objection and further if ultimately the Regular Second Appeal is decided against the petitioners they would be able to assail the said interim order if they choose to seek remedy before the Supreme Court. With this observation we find no justification for grant of leave to appeal which is accordingly refused.

4. H.B.T./Z‑76/S Leave refused.