Haji DAD SHAH AND ANOTHER vs MUHAMMAD FAZAL AND 2 OTHERS — 1949 PLD 541

Citation: 1949 PLD 541

Court: Balochistan High Court

Year: 1971

Decision Date: 1971-04-05

Parties: Haji DAD SHAH AND ANOTHER vs MUHAMMAD FAZAL AND 2 OTHERS

Headnotes

Case cited as PLD 1949 Lah. 541

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: Haji DAD SHAH AND ANOTHER vs MUHAMMAD FAZAL AND 2 OTHERS Case No.: Civil Revision No, 22 of 1968 Date of Judgment:1971-04-05 Reported As: PLD 1971 Quetta 69 Result: Revision dismissed JUDGMENT JUDGMENT The applicants had filed a suit for pre-emption in the Court of the Senior Civil Judge, Quetta against the first two respondents and one Asfandyar, now deceased. The suit was dismissed by the learned Senior Civil Judge under Order IX, rule 2, C. P. C. on 19th April 1967, because the applicants had failed to deposit the process-fee for summoning the first respondent, as ordered by the Court on 9-3-1967. The applicants then filed a restoration application which was opposed by the second respondent and by Asfandyar deceased. However, strange as it may seem, the first respondent, who had not been served in the suit, appeared and supported the restoration application of the applicants. The contention of the applicants in the restoration application was that they had deposited the process-fee in compliance with the Court's order of 9-3-1967 and they produced evidence in support of this plea, but the learned Senior Civil Judge disbelieved their evidence and dismissed the restoration application, therefore the applicants filed a revision in this Court which was admitted on 31st July 1968, and they had impleaded in this application the first two respondents and the said Asfandyar. 2. Mr. Karam Elahi, learned counsel for…

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