SARDAR AND ANOTHER vs SULTAN AND 3 OTHERS — 1971 PLD 690

Citation: 1971 PLD 690

Court: Lahore High Court

Year: 1971

Decision Date: 1971-01-28

Parties: SARDAR AND ANOTHER vs SULTAN AND 3 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 690

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: SARDAR AND ANOTHER vs SULTAN AND 3 OTHERS Case No.: Civil Revision No, 315 of 1965 Date of Judgment:1971-01-28 Reported As: PLD 1971 Lahore 690 Result: Petition dismissed JUDGMENT JUDGMENT In a pre-emption suit pending before the learned Civil Judge, Muzaffargarh, one of the dates of hearing fixed for evidence of the parties was 11-7-1963. On that date neither the plaintiffs nor their counsel appeared and the suit was consequently dismissed in default towards the fag-end of the Court hours. An application (without quoting any provision of law) was filed for its restoration on 20.7-63 pleading that the plaintiffs had reached Muzaffargarh late and learnt that since their counsel was busy in connection with some other case in another Court, therefore, their suit had been dismissed in default. Pleading that their absence was not intentional, they prayed that the suit should be restored. This application was contested and on the pleading of the parties, the learned Civil Judge framed an issue to the following effect :-- {{URDU TEXT}} The plaintiffs produced Amir Muhammad (A. W. 1); Nawab (A. W. 2) and one of the plaintiffs Khan Muhammad himself appeared in the witness-box as A. W. 3. From the side of the respondents, there appeared two witnesses, namely Nazir (R. W. 1) and Sultan (tt. W. 2) (one of the respondent himself). The learned Civil Judge, after going through the evidence of the parties, held that in the…

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