- The Court has jurisdiction to allow an application for bringing on record the legal heirs of a deceased party even after limitation to avoid non-suiting of a party on technical grounds — The power of the Court, however, is not absolute and has to be exercised keeping in view the facts of each case — And more particularly the conduct of party — While deciding ancillary matter of such nature this Court has to see if mandatory provisions of Supreme Court Rules are violated in which case the Court should not take a liberal view — Deviation in such cases amounts to violation of a rule of law — Which cannot be allowed to perpetuate. Barkat Ali & another v. Sultan Mehmood & 18 others 2009 SCR 158 (B)
- —impleadment of—during pendency of cross suits, an application for impleadment of legal heirs of deceased was moved in one case, after consolidating the both suits, the trial Court impleaded the legal heirs of the deceased but inadvertently no order was passed in other suits. effect of—Held: it does not make any difference because both the suit were consolidated and if legal heirs are impleaded in one case, then the other suit cannot be dismissed. Muhammad Ilyas & others v. Ikramullah Khan & others 2017 SCR 1079 (A)
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