MUHAMMAD MAJID vs Dr — 2023 PLD 585 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD MAJID VS Dr. MUHAMMAD SHAHID IQBAL Practice and procedure---Dead person, proceedings against---Principle---Any type of proceedings, whether suit, appeal, Constitutional petition, other applications and petitions, execution proceedings or miscellaneous application, etc. filed against a dead person are a nullity in the eyes of law---Even if matter is decided in favour of a party and against dead person, that party cannot be permitted to take benefit of the same. Ss. 3 & 4---Constitution of Pakistan, Art. 204---Contempt of Court proceedings---Death of contemner---Effect---Petitioner invoked contempt of Court proceedings against the official who allegedly did not comply with the order passed by High Court---Official against whom contempt proceedings were initiated had already died prior to initiation of the order which was allegedly violated---Validity---Cause of action was personal to deceased and did not survive after his death---In the cases of commission of contempt of Court by a person through any personal disobedience or action resulting in scandalizing the Court, tort, defamation, etc., such personal action dies with the person---Court has suo motu powers to initiate contempt of Court proceedings against the alleged contemner---Deceased was impleaded as only respondent in the petition for contempt of Court and no other respondent had been impleaded, therefore, the petition which was filed against dead person was void ab initio as a whole and not in piecemeal and hence nullity in the eye of law---High Court declined substitution of deceased respondent by impleading another incumbent---Fresh petition could be maintainable as cause of action relating to contempt of Court against the person holding the post of Medical Superintendent was still subsisting---High Court did not initiate suo motu proceedings for contempt of Court against incumbent of the office of Medical Superintendent for the reason that petitioner failed to point out who was holding the position and whether the matter of petitioner was placed before that official for decision in terms of order passed by High Court---Petitioner also failed to clarify as to whether the matter was placed before the incumbent for consideration and was decided or not---Petitioner himself was not sure as to which specific person had to decide his representation---Petition was dismissed, in circumstances.

MUHAMMAD MAJID vs Dr — 2023 PLD 585 LAHORE-HIGH-COURT-LAHORE

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