Mulla SAYED ALI vs Mulla ASMI — 1971 PLD 113

Citation: 1971 PLD 113

Court: Balochistan High Court

Year: 1971

Decision Date: 1971-06-14

Parties: Mulla SAYED ALI vs Mulla ASMI

Headnotes

Case cited as PLD 1971 Quetta 113

Judgment Text

Court Name: Balochistan High Court Judge(s): Mir Khuda Bakhsh Marri Title: Mulla SAYED ALI vs Mulla ASMI Case No.: Regular Second Appeal No, 24 and Civil Miscellaneous No, 91 of 1970 Date of Judgment:1971-06-14 Reported As: PLD 1971 Quetta 113 Result: Appeal dismissed JUDGMENT JUDGMENT Through this appeal under section 100, C. P. C. one Mulla Sayed Ali challenges the judgment and decree passed by Majlis-e-Shoora, Kalat Division dated 21st October 1970, by which the appellant's pending appeal against an ex parte order of Qazi of Pasni dated 20th March 1970, was dismissed. 2. I have heard Mr. S. Zafar learned counsel for the appellant and Malik Karam Elahi Awan, Advocate for the respondent. The main contention raised before me by the counsel for the appellant is that the learned First Appellate Court could not legally hear and dismiss his appeal on 21st of October 1970, because the case was fixed for 15th of October 1970 and a notice of the same effect was served on his client, this hearing according to him was without notice to the appellant. therefore, a grave irregularity has been committed by the learned First Appellate Court. 3. From the perusal of the record before me it appears that the appellant in fact has notice of the hearing of his appeal for 21st of October 1970, at Pasni as well and in fact he participated in the proceedings and argued his case himself. The order-sheet of the Majlis-e-Shoora dated 21-10-1970 as well as para. 3 of the judgment which is…

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