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Petitioner: GHULAM RASOOL and otherss VS Respondent: AHMAD YAR and otherss
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, M. Javed Buttar Title: GHULAM RASOOL and otherss vs AHMAD YAR and otherss Case No.: Civil Petition No,2307-L of 2000 Date of Judgment:2005-01-26 Reported As: 2006 SCMR 1458 Result: Leave refused
Judgment ORDER ' Petitioners being judgment-debtors of the witching mentioned suit having been decreed in favor of the respondents, preferred time-barred appeal which was dismissed by an Additional District Judge, Faisalabad on 22-4-2000 whose findings were affirmed by a learned Judge of the Lahore High Court turning down petitioners' revision (Civil Revision No,1411 of 2000) vide the impugned order dated 19-6-2000 opining as under:- "I have considered the arguments of the learned counsel for the petitioners and have perused the record. The petitioners had appointed Ali Sher to defend the suit with their own free-will and they should have been vigilant to defend the suit. Furthermore, even if the counsel of the petitioners who had been appearing on their behalf had not informed the petitioner/ defendants regarding decision of the suit; under the law it is not sufficient ground for condonation of delay in filing the appeal as a valuable right has accrued to the plaintiff/ decree-holder as the petitioners did not file the appeal well within time. The petitioners have failed to show the "sufficient cause" for not filing the appeal well within time; they have been A negligent in defending the suit, hence, the lower Appellate Court has rightly dismissed the appeal of the petitioners being barred by time." ' Have recourse to the captioned petition for leave to appeal, wherein the learned counsel despite the query could not dislodge the reasons recorded. 2. Resultantly, the same being devoid of any substance fails and is hereby dismissed. Leave declined.