C. M. No, 2/73 ' I have heard the learned counsel for the parties. No good ground has been made out to recall the order of abatement dated the 14th of November 1973. The petition is, therefore, dismissed.
' W. P. No, 981/R/66 On 30th October, 1973, Mr. Jariullah Khan, learned counsel for they legal heirs of respondent No, 3 brought to my notice that respondent No, 3 in this case died on 22-7-1966 and the application under Order XXII, rule 4, C. P. C. Was filed for the first time on 24-6-1968. The learned counsel submitted that as the petition was not filed within the prescribed time limit the writ petition as such had abated, As nobody appeared on behalf of the petitioner I directed the office to inform the learned counsel and adjourned the case to 31st of October 1973. On 31st October, 1973, Mr. M. S. Baqir appeared on behalf of the petitioner and submitted that he would like to address me at length on the question of abatement for according to the learned counsel, although the petition for bringing the legal heirs of the deceased respondent had not been filed within time yet the petition has not abated.
2. It is now 12-50 p. m. This case has been called thrice since morning. Neither the petitioner nor the learned counsel for the petitioner, nor any body else on behalf of the petitioner has appeared.
3. In the light of the objection raised by the learned counsel for the respondent I would, therefore, hold that this petition as such has abated.
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