Sh. INAYATULLAH vs Mian ABBAS AHMAD KHAN AND Another — 1970 SCMR 130

Citation: 1970 SCMR 130

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Sh. INAYATULLAH vs Mian ABBAS AHMAD KHAN AND Another

Headnotes

Case cited as 1970 SCMR 130

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: Sh. INAYATULLAH vs Mian ABBAS AHMAD KHAN AND Another Case No.:Civil Petition for Special Leave to Appeal No. 202 of 1967 CivilRevision No. JUDGMENT Reported As: 1970 SCMR 130 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-This is a petition for special leave to appeal by Sheikh Inayatullah who was plaintiff in a suit for rendition of accounts against the respondents. It appears that ex parte proceedings were ordered against Abbas Ahmad Khan, the first respondent, in this case, by the trial Judge an 7th April 1962. Later, Faiz Mohammad, defendant, was also impleaded at the instance of the plaintiff and summons were issued to him. There were in all three defendants in the case. On the 8th of November 1962 the plaintiff gave up the first defendant, Mohammad Azam. The learned trial Judge then proceeded to pass an ex parte decree against the second and third defendants who are respondents before us. On 3rd December 1962 one of the respondents filed an application for setting aside the ex parse order dated 15-2-1963. This petition was dismissed by the trial Judge and an appeal against that order failed before the District Judge. In revision however, the High Court set aside that order as well as the preliminary decree passed by the trial Judge and remanded the ease to it with the direction that it shall proceed from the stage of recording evidence of…

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