Moulvi ALI AKBAR vs KHATOON NESSA Alias KHATOON BIBI — 1974 SCMR 331

Citation: 1974 SCMR 331

Court: Supreme Court of Pakistan

Year: 1959

Decision Date: 1959-04-30

Parties: Moulvi ALI AKBAR vs KHATOON NESSA Alias KHATOON BIBI

Headnotes

Case cited as 1974 SCMR 331

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir Title: Moulvi ALI AKBAR vs KHATOON NESSA Alias KHATOON BIBI Case No.: Civil Appeal No. 50 of 1957 Date of Judgment:1959-04-30 Reported As: 1974 SCMR 331 Result: Appeal allowed JUDGMENT JUDGMENT A. R. CORNELIUS, J.-This appeal must be allowed. It seeks reversal of an order of a learned Single Judge of the Dacca High Court, dated the 11th January 1957, refusing to restore a Rule discharged by the same learned Judge on the 4th January 1957, for non-appearance of both parties. 2. The circumstances of the default are stated in the petition for special leave in the Memorandum of Appeal and again the concise statement filed by the appellant. They are in conformity with the representation made before the learned Single Judge in the appellant-petitioner's application for restoration, dated the 7th January 1957, which was supported by a sworn affidavit. The opposite- party has not appeared before us to controvert those facts. 3. The matters mentioned in explanation of the default took place mostly in face of the Court. The case was shown as No. 7 in the list and, when it was called, Mr. M. A. Khandkar appeared for the petitioner, but counsel for the opposite-party being absent, another lawyer requested for an adjournment on the ground of the illness of counsel. Mr. Khandkar assented to this request which was refused by the learned Single Judge, whose direction was that the case…

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