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2002 SCMR 1543

GHULAM JAFFAR and others vs CANAL MAGISTRATE, (II-CLASS) and others

Petitioner: GHULAM JAFFAR and others VS Respondent: CANAL MAGISTRATE, (II-CLASS) and others

Court: Supreme Court of Pakistan Decision Date: 2000-11-08

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Muhammad Arif, Qazi Muhammad Farooq Title: GHULAM JAFFAR and others vs CANAL MAGISTRATE, (II-CLASS) and others Case No.:Civil Miscellaneous Application No, 1377 and Civil Petition No,1227-L of 2000

Writ Petition No,218/86 Date of Judgment:2000-11-08 Reported As: 2002 SCMR 1543 Result: Petition dismissed Judgment ORDER ' The sole ground taken in this petition for leave to appeal against judgment dated 23-2-2000 passed by a learned Judge in Chambers of the Lahore High Court, Multan Bench, Multan in Writ Petition No,218 of 1986, is that the learned counsel for the petitioners was on leave and the learned Judge as well as the learned counsel for the other writ petitioners were informed of his absence but in spite of that the learned Judge disposed of the writ petition of the petitioners presuming that the other learned counsel appearing in the connected causes had the authority to make a statement on behalf of the petitioners as well. 2. A perusal of the impugned judgment clearly shows that Mr. Moulvi Sultan Alam, Advocate for the petitioners (in Writ Petitions Nos.218 of 1986 and 6497 of 1995) was present in the Court and that he had accepted the proposal made by the respondents. 3. Be that as it may, there are three courses open to the petitioners to be resorted to. First, they may file a suit for damages against the learned counsel who accepted the proposal of the respondents, secondly, an application under section 12(2), C.P.C. And thirdly a review petition under Order XLVI1, rule 1, C.P.C. 4. With the above observations the petition is dismissed and leave declined.

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