Impleadment of legal heirs

In case of Muslim heirs, their shares are specified under Muslim law and, thus, the appeals would not be rendered in-competent because one of the co-sharers or his heirs could not be impleaded — Dismissal of appeal by the High Court in toto for failure to deposit the cost for issuing process to the legal representative of muhammad Yaqoob was not legally justified. Muhammad Younas and 7 others v. Auqaf Department 1999 SCR 355 (D)
Section 3 of Limitation Act read with Order XLII Rules 3 CPC — Argument that the appellant has not entered the legal heirs of Mst. Mumtaz Begum deceased, decree holder, in the line of respondents before the Court, the present appeal is liable to be dismissed — Held: That Section 3 of Limitation Act and Order XLII Rule 3 of CPC have since been amended and the appeal can competently be disposed of without impleading the legal heirs of the party, which derives same rights from the compromise decree — Further held: Even otherwise the compromise decree being illegal and without jurisdiction to the extent of ‘Crown Land’ no legal rights have been created — The objection cannot be pressed in to service for protecting a decree passed without jurisdiction. Muhammad Shafi v. Bashir Ahmed & 6 others 2010 SCR 280 (D)
Contention of the respondents that it was well in the knowledge of the appellant that some respondents had dead — In spite of the fact the appellant filed restoration application against the dead person — Held: As the appellant moved many applications for impleadment of the legal heirs of the dead persons in the High Court during the pendency of writ petition, the same remained undecided when the writ petition was dismissed for non-prosecution. As the names of the legal heirs of the dead persons were not incorporated in the original case, the restoration application was moved according to the title of writ petition. Further held: there was no fault on the part of the appellant, as prior to the decision of the applications it was not possible for the appellant to implead the legal heirs of the dead-persons as party. Sheikh M. Aslam v. Khursheed Anwar & others 2015 SCR 987 (C)