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Petitioner: AMIR DIN AND 2 Others VS Respondent: MUHAMMAD SIDDIQUE AND 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Maulvi Mushtaq Hussain, Muhammad Haleem Title: AMIR DIN AND 2 Others vs MUHAMMAD SIDDIQUE AND 5 Other Case No.: Civil Petition for Special Leave to Appeal No. 248 of 1975 L. P. A. No. 654/66 Date of Judgment:1980-10-24 Reported As: 1982 SCMR 354 Result: Petition dismissed
Judgment ORDER MUSHTAQ HUSSAIN J.-L. P. A. 654 of 1966 which was transferred to Bahawalpur Circuit was dismissed by the Division Bench of the Lahore High Court at Bahawalpur on filth November, 1974 on merits. Neither the party was present nor did their counsel appear on that date. This petition seeks to challenge the order of the High Court. 2. The petition is barred by 64 days arid it has been submitted before us that since neither the counsel nor the party knew that the case had been disposed of without hearing, the period of limitation for appeal should start from the date of the knowledge. 3. We are afraid we do not see eye to eye with the submission of the learned counsel, for the judgment of the High Court very clearly states that notice was sent to learned counsel for the petitioners on 22nd of October, 1974 by registered post acknowledgment due. There is a presumption under the General Clauses Act that if this has been done the notice would be deemed to have been duly received by the addressee. The learned counsel has not even filed an affidavit on his own in support of the assertion that he was not served. 4. This petition is, therefore, dismissed.