IBRAHIM KHALIL vs SAMIUDDIN AND 3 Other — 1970 SCMR 885

Citation: 1970 SCMR 885

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: IBRAHIM KHALIL vs SAMIUDDIN AND 3 Other

Headnotes

Case cited as 1970 SCMR 885

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: IBRAHIM KHALIL vs SAMIUDDIN AND 3 Other Case No.:Criminal Revision No. 227 of 1969 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1970 SCMR 885 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-At the instance of the respondents Nos. 1 to 3 herein an ex parte proceeding under section 145 of the Code of Criminal Procedure was drawn up on the 10th of November 1961, against the petitioner and seven others anti show-cause notices were issued on them. The land was attached and a Receiver was appointed. The petitioner filed his written statement on 19th March 1965, but the case somehow dragged on till the 10th of October 1968, when three witnesses were examined on behalf of the respondents. The petitioner had notice of this date but did not appear even though there was an earlier order that the case would proceed ex parse in his absence. He allowed the evidence of these witnesses to go unchallenged. The case was then adjourned to 26th October 1968, but again the petitioner did not appear and the Magistrate passed a final order declaring the possession of the said respondents and discharging the receiver appointed earlier. After the passing of the order the petitioner appeared and filed a petition for permission to cross- examine the witnesses and to adduct' evidence on his behalf, but as the Magistrate bad already passed the final order, he rejected this…

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