C.M. No,2-C of 2002.
The application in hand has been filed by one Nazar Hussain, son of Lal Din, claiming to be the brother and legal heir of Mst. Khursheed Begum, the deceased appellant, under Order XXII, rule 4, C.P.C. with the prayer that as he is one of the legal heirs of Mst. Khurshed Begum, therefore, he may be impleaded as one of the appellants.
2. Admittedly, Mst. Khursheed Begum died, on 23-7-1998 and Mst. Gulzar Yasmin and Mst. Shahnaz Kausar had already been impleaded as the legal heirs of the deceased appellant. The present application for the impleadment of the applicant, in the capacity of one of the legal heirs of the deceased appellant, was tiled, on 29-6-2002, while as noted above. Mst. Khursheed Begum died, on 23-7-1998, as such, the application in hand is barred by time in view of Article 176 of the Limitation Act, 1908, which provides a period of 90 days for the impleadment of the legal heirs of a deceased-plaintiff or the deceased-appellant, which period is to be computed from the date of death of the deceased plaintiff/appellant. Needless to mention that alongwith the present application, the applicant has not filed any application, under section 5 of the Limitation Act, for condonation of delay.
The present application is grossly barred by time, thus, the same is dismissed. C.M. NO.1-C OF 2002 Mr. Zahid Iqbal Malik, Advocate, alongwith Mst. Gulzar Yasmin and Mst. Shahnaz Kausar, real daughters of Mst. Khursheed Begum, deceased appellant.
Ch.Zafar Iqbal, Advocate alongwith Ghulam Muhammad, Respondent. .
Mst. Gulzar Yasmin and Mst. Shahnaz Kausar have filed the instant application stating therein that as they have settled the dispute with regard to Shop No,BVI-IOS-233, situated at Lahore Sargodha Road, Sheikhupura, with the respondent, therefore, the terms of compromise arrived at between the parties may be recorded and the present appeal be decided accordingly. At the joint request of both the learned counsel, the main case is taken up today.
MAIN APPEAL Today, both the learned counsel, in the presence of the parties to the appeal, while placing on record two original compromise agreements, both dated 17-6-2002, entered between the parties, request for the recording of the terms of both the agreements. It is stated by both the learned counsel, while identifying their respective parties, that pursuant to an amicable settlement arrived at between the parties, the said agreements have been entered into, whereby the appeal, as a whole has been adjusted through a lawful compromise and the same may be made part of the record.
2. In the above backdrop, learned counsel for the respective parties have jointly requested that the appeal may be decided in terms of both the agreements, dated 17-6-2002, and the same may be made part of the order/record. Today, Ghulam Muhammad, respondent, has handed over two bank drafts bearing No,165014 of 1972, for Rs,3 lacs. (Rupees three lac) and. No,745897 of 1955, for a sum of Rs,2 lacs. (Rupees two lac), issued by the Allied Bank of Pakistan, to Mst. Gulzar Yasmin and Mst. Shahnaz Kausar, who have acknowledged the receipt of the said bank drafts and undertook to deliver the possession of the shop to the respondent immediately upon the encashment of the said bank drafts.
3. In view of the above and pursuant to the filing of the aforenoted, application and in view of the joint request of the learned counsel for the parties, both the agreements are accepted, which are to the satisfaction of this Court lawful and adjust whole of the claim in the appeal, the terms of the same are hereby recorded and made part of the record/today's order.
4. Consequent to the above, the present appeal stands disposed of in terms of the aforenoted agreements, which are marked as A and B. The said agreements shall be considered as integral part of today's order.
Parties are left to bear their own costs.