27/09/2026
PLD 2026 Lahore 716
PLJ 2026 Lahore 534
Following questions of law arise for determination by this Court:
i. Whether the death of the drawer/defendant during pendency of a summary suit under Order ###VII, Code of Civil Procedure, 1908 ("CPC"), causes the suit to abate in terms of Order XXII, CPC, or whether the right to sue survives?
ii. Whether an objection regarding maintainability of a suit under Order ###VII, CPC, can be raised for the first time, in view of Sections 29 and 29-A of the Negotiable Instruments Act, 1881 ("the Act"), at the appellate stage by legal representatives who, after impleadment, adopted the written statement of the deceased and contested the suit on merits?
iii. Whether, in the facts and circumstances of the case and in view of Section 50, CPC, the impugned decree can be executed against the appellants?
Held that the objection raised by the appellants that the suit was not maintainable, keeping in view Sections 29 and 29-A of the Act as also the ratio laid down in case of Muhammad Abaid Ullah v. Ateeq-ur-Rehman and 8 others (2015 CLC 641 Lahore), is misconceived on account of distinguishable facts inasmuch as in case of Muhammad Abaid Ullah supra, the suit was instituted after death of the drawer therein, whereas in the present case, the suit was validly instituted against the drawer/defendant during his lifetime who sought and obtained leave to defend and contested the claim and upon his demise, the appellants were impleaded and voluntarily stepped into his shoes by adopting his defence and leading evidence. At no stage before the Trial Court did, they question maintainability of the suit on the basis of Sections 29 and 29-A of the Act. On the contrary, they expressly adopted the written statement of the deceased drawer/defendant and led complete defence evidence. Further held that the impugned decree determines liability of the deceased drawer/defendant. Its executability against legal representatives is statutorily circumscribed by Section 50, CPC. The Executing Court is competent to determine, upon objection, whether and to what extent any estate has been inherited and is available for satisfaction of the decree. The decree, therefore, is executable only to the extent of any estate inherited by the appellants, and not beyond.
