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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHER AHMED VS Respondent: HUNZA MILL
1968 SC
1968 SC.MR 571 Present: Fazle-Akbar and Muhammad Yaqub Ali, JJ SHER AHMED AND OTHERS -Petitioners Versus HUNZA MILL AND OTHERS-Respondents Civil Petition for Special Leave to Appeal No. 273 of 1967, decided on 14th March 1968. (On appeal from t udgment and order of the High Court of West Pakistan Lebo] e dated the 2nd May 1967, in Civil 'J Revision No. 24 of 1964). Civil Procedure Code (V of 1908), O. IX, r. 8 and O. XVII r. 2-Whether trial Court justified in dismissing suit for default when counsel for plaintiff present in Court-Special Leave to Appeal granted by Supreme Court to consider question. Muhammad Anwar Raja, Advocate Supreme Court instructed by Muhammad Sardar Khan, Attorney for Petitioners. Nemo for Respondents. Date of hearing: 14th March 1968. ORDER FAZLE-AKBAR, J.-This petition for special leave to appeal raises the question whether the trial Court in exercise of its powers under Order IX , rule 8, read with Order XVII, rule 2, of the Code of Civil Procedure, was justified in dismissing a suit for default %hen the counsel for the plaintiffs was present in Court. In view of the facts and circumstances of this case, we think this question requires consideration. We, therefore, grant leave to appeal as prayed. Security-Ra. 1,000. Leave granted.