Shaikh MUHAMMAD HAFIZ ULLAH vs GHULAM YASIN AND Other — 1970 SCMR 41

Citation: 1970 SCMR 41

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Shaikh MUHAMMAD HAFIZ ULLAH vs GHULAM YASIN AND Other

Headnotes

Case cited as 1970 SCMR 41

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: Shaikh MUHAMMAD HAFIZ ULLAH vs GHULAM YASIN AND Other Case No.:Civil Petition for Special Leave to Appeal No. 224 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 41 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-This petition was dismissed for non-pro--secution by order dated the 29th June 1967. Neither the Attorney nor the Counsel attended the Court that day. It has been explained by the Attorney, Mr. Abid Nawaz Abid, that : the case originally figured in the list of the Full Court issued for the 26th to 29th of June, 1967 and that only the 28th the Bench was changed and this petition was assigned for hearing to Bench of three Judges. Mr. Abid Nawaz says that he was under the impression that the case being laid down on the list was not likely to come up on the 28th, and when he came on the 29th, to enquire about its he was told at about 12.0(1 noon, that the petition had been dismissed.He applied the very next day for its restoration. After hearing his explanation, we order that the petition be restored and heard on: the merits. We have however, given him warning that he should, watch: the cases more vigilantly in future. On the merits we find little-ground to interfere with the order passed by the High Court; dismissing the writ petition, filed by Sheikh Muhammad, Hafiz Ullah. The petitioner and the respon--dent were both occupants…

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