NOOR MOHAMMAD Vs. PANCHU MIAN

JUDGEMENT

(1.) During pendency of Title Suit No. 159 of 1996, Ibrahim Mian, plaintiff No. 1, died sometime in the year 1997, leaving behind four daughters. Step for substitution was not taken under the impression that deceased plaintiff No. 1 was being represented by his nephews, who were already on record, and that the four daughters were not required to be substituted since they were married and had relinquished their interest in the suit property, under the customary law.

(2.) On 24/6/1998, defendants filed a petition to hold that the suit has already abated. A rejoinder thereto was filed by the plaintiffs on 7/8/1998 and thereafter a regular petition for substitution alongwith another petition for condonation of delay was filed.

(3.) By impugned order dated 3/8/1999, Trial Court was pleased to condone the delay and allowed the substitution petition. Name of deceased plaintiff No. 1 was deleted and in his place his four daughters were ordered to be substituted.