Mirza GHULAM JILANI vs Mst. NAZ AKHTAR AND Other — 1972 SCMR 346

Citation: 1972 SCMR 346

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mirza GHULAM JILANI vs Mst. NAZ AKHTAR AND Other

Headnotes

Case cited as 1972 SCMR 346

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: Mirza GHULAM JILANI vs Mst. NAZ AKHTAR AND Other Case No.:Civil Petition for Special Leave to Appeal No. 47 of 1972 Civil Revision No. 444 JUDGMENT Reported As: 1972 SCMR 346 Result: Leave Refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court at Lahore in a revision petition. This revision arose in the following circumstances :---- A suit filed by the present petitioner, which was pending it the Court of a Civil Judge of Lahore, was dismissed for default at 3 p.m. On the 10th of April 1963, as neither the learned counsel nor the plaintiff were present at the tune. The learned counsel, appearing for the petitioner, who happens to be an Advocate of the High Court and this Court also, moved an application for the restoration of the suit on the same day at 3-45 p.m. On the ground that he was busy in the High Court up to 3 p.m. The then learned Civil Judge allowed the application and restored the appeal without any clear finding as to whether there was any sufficient cause within the meaning of the law. 'The defendant successfully moved the High Court in revision against the said order and the High Court remanded the case back with a directive to decide the application afresh after, recording evidence. On such remand, a successor Civil Judge, after examining the plaintiff and his iearnc6…

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