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Initializing Secure Chambers
Petitioner: FIDA HUSSAIN SHAH VS Respondent: MUHAMMAD RAFIQUE SHAH
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah, Saad Saood Jan Title: FIDA HUSSAIN SHAH vs MUHAMMAD RAFIQUE SHAH Case No.:Civil Petition for Special Leave to Appeal No.955 of 1986 Civil Revision No.
605 of 1986 Date of Judgment:1987-02-03 Reported As: 1987 SCMR 845 Result: Order accordingly Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--Both the learned counsel agree that this case is covered by judgment of this Court in Messrs Rehman Weaving Factory v. Industrial Development Bank of Pakistan etc. PLD 1981 SC 146. 2. An ex parte pre-emption decree was passed against the petitioner by the trial Court. The application for setting aside the same was dismissed as time-barred by applying Article 164 of Limitation Act. Article 181 of Limitation Act was held to be not applicable. 3. Both the learned counsel state that the Supreme Court has now in the aforecited case resolved the controversy and further that according to the rule laid therein, Article 181 would be applicable in the circumstances of this case. That being so, the application for setting aside the ex parte decree was within limitation. 4. In view of what is stated above, this petition is converted into appeal. It is allowed. Ex parte decree passed against the petitioner is set aside. The case is remanded to the trial Court for further proceedings. 5.The question whether the pre-emption suit can proceed now will be decided by the trial Court if and when a plea is raised before it. There shall be no order as to costs.