EVACUEE TRUST PROPERTY BOARD vs Haji IBRAHIM and 4 others
This matter originated as an appeal by the Evacuee Trust Property Board against a judgment of the Sind and Baluchistan High Court, which had affirmed a decision by the Settlement Commissioner declaring a specific property in Hyderabad not to be Evacuee Trust Property. The core legal question before the Supreme Court concerned the maintainability of the appeal given the death of several respondents and the failure of the appellant to bring their legal representatives on the record. During the proceedings, it was brought to the Court's attention that respondent No. 2 had died in 1984, and respondents No. 1 and No. 3 had also passed away, with no steps taken by the appellant to implead their respective legal heirs. The appellant's counsel did not contest these factual assertions regarding the defective constitution of the appeal. Consequently, the Supreme Court held that because the appeal was improperly constituted and the appellant failed to rectify the record, the appeal could not proceed. The Court dismissed the appeal, establishing the principle that an appeal cannot proceed to a decision if it is improperly constituted due to the failure to implead the legal representatives of deceased parties.
- Can an appeal proceed to a decision if the legal representatives of deceased respondents have not been brought on record?
- What is the consequence of an appellant's failure to rectify an improperly constituted appeal after the death of respondents?
- Section 4(3), Displaced Persons (Compensation & Rehabilitation) Act 1958
ORDER
' SHAFIUR RAHMAN, J.--The Evacuee Trust Property Board was granted leave to appeal against the judgment of the Sind and Baluchistan High Court, dated 11th of December, 1972 affirming the judgment of the Settlement Commissioner, dated 25-10-1969 under section 4(3) of the Displaced Persons (Compensation & Rehabilitation) Act, holding the property in dispute, City Survey No,0/334 in Hyderabad to be not an Evacuee Trust Property or attached to any such property.
2. Ch. Akhtar Ali, Advocate, who represents the legal representative of Ismail respondent No,2, has by an application brought to our attention the facts that respondent No,2 died in November, 1984 and his heir was brought on the record of the Property Register on 15.8-1987 but he has not been impleaded so far. It was also pointed out by the same application that respondent No,1 Haji 1 Ibrahim and respondent No,3 Noor Ahmed, have also died and their legal representatives have not been brought on record. According to Ch. Akhtar the appeal as constituted cannot proceed to a decision.
3. Ch. Fazl-e-Hussain, Advocate, the learned counsel representing the appellant had nothing to say on the factual submissions of Ch. Akhtar Ali.
4. The record of the appeal being improperly constituted and no effort having been made by the Appellant to correct it, the appeal cannot proceed and is dismissed with no order as to costs.