RUSTAM S. SIDHWA, J.---This order will dispose of two petitions C.P.LAs. Nos.870/L and 871/1, of 1990 filed by Muhammad Yousaf, petitioner, against the common judgment of a learned Single Judge of the Lahore High Court dated 20-6-1990, accepting the two Regular Second Appeals filed by Syed Ghayyur Hussain Shah and others, respondents, and Muhammad Shafiq and others, respondents respectively and setting aside the two separate judgments passed by a learned Addl. District Judge dated 21-9-1965 and restoring the judgments of the learned Civil Judge dated 25-5-1964.
2. Having heard the arguments of the learned counsel for the petitioner, we grant leave in both the petitions to consider inter alia the following questions:
(1) Whether the facts and circumstances of the cases gave any cause of action against the tort- feasor for damages for malicious prosecution or for libel; (2) whether any cause of action claiming damages for wrong done to any person survives against the tort-feasor after his death, or conversely survives to the heirs of the person wronged after his death against the tort-feasor; (3) whether a suit for damages could be decided under any other concept of law, apart from English common law, without there being legislation giving it retrospective effect and whether the lis is subject to English common law; (4) whether theory of Islamic Criminal Law and its concept for compensation to the heirs of deceased can be imported while interpreting civil liabilities, under the decree of any Court by analogy; (5) whether liability accruing out of the present suit can be deemed a charge on the estate of the deceased tort-feasor for which his heirs can be held responsible under the Muslim Law; and (6) whether the appeal abated against Gharib Alam as he died in 1975 when there existed no decree against him?