1. MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from an order dated 2-6-1975 of the Lahore High Court whereby the petitioners' application for setting aside the abatement of their writ petition was dismissed.
2. The sole contesting respondent in the writ petition filed by the petitioners, died on 7-8-1970.
3. Application was made on 8-4-1971 for bringing on record the legal representatives. It was wrongly stated therein that the death had taken place on 2-2-1971. An affidavit, it is stated was also filed in.
4. Support of the application. It was allowed subject to all just exceptions on 24-5-1971.The legal representatives moved an application in 1975 with averment and proof of 7-8-1970, as correct date of death and sought disposal of writ petition as having abated. The petitioners then filed an application for setting aside of abatement and another for condonation of delay. A learned Single Judge after analysing the facts, "in the circumstances of the case" rejected both the applications.
5. The actual date of death as 7-8-1970 is not disputed. The application dated 8-4-1971 and affidavit filed in support of it contained a false statement that the death took place on 2-2-1971. It was so done in order to avoid objection of limitation. The petitioners had by their conduct disentitled themselves to relief. The refusal by the High Court is unexceptionable. No justification has been made out for interference. This petition is dismissed.