RAHEM BUX AND ANOTHER vs GUL MUHAMMAD AND 2 OTHERS — 1971 PLD 746

Citation: 1971 PLD 746

Court: Lahore High Court

Year: 1971

Decision Date: 1971-02-03

Parties: RAHEM BUX AND ANOTHER vs GUL MUHAMMAD AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 746

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: RAHEM BUX AND ANOTHER vs GUL MUHAMMAD AND 2 OTHERS Case No.: Civil Revision No, 424 of 1965 Date of Judgment:1971-02-03 Reported As: PLD 1971 Lahore 746 Result: Petition dismissed JUDGMENT JUDGMENT 24th of July 1963 was the date fixed for filing of the written-statement by the defendants. On that date, written-statement was not filed and the case was adjourned to the 30th of September 1963. However, the case was taken up on 26-7-63 and was dismissed in default. The plaintiffs appeared on 30-9-63 (which according to them was the date fixed for the case), but learned that the suit had been dismissed in default on 26-7-1963. They therefore, filed an application on the same day, i,e,, 30-9-1963 for restoration of the suit pleading that the actual date given to them was 30-9-1063 and not 26-7-1963. This contention was denied by the defendants and the parties led their evidence on the matter. Malik Muhammad Hussain counsel for the plaintiffs appeared as a witness and deposed that the next date given in the case was 30-9-1963 and not 26-7-1963. Masood Alam Clerk of the counsel for the defendants also appeared as a witness and produced the diary of his master. According to wnich the next date of the hearing of the case was 30-9-63. Believing this evidence, the learned Civil Judge has recorded a finding that the actual date fixed in the case was 30-9-1963 and the date noted in the order-sheet as 26-7-63 was not…

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