TOLOMAL AND 6 Other vs DEPUTY COMMISSIONER AND ADDITIONAL — 1972 PLD 116

Citation: 1972 PLD 116

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-24

Parties: TOLOMAL AND 6 Other vs DEPUTY COMMISSIONER AND ADDITIONAL SETTLEMENT COMMISSIONER, KHAIRPUR AND 3 Other

Headnotes

Case cited as PLD 1972 Karachi 116

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title:TOLOMAL AND 6 Other vs DEPUTY COMMISSIONER AND ADDITIONAL SETTLEMENT COMMISSIONER, KHAIRPUR AND 3 Other Case No.: Petition No. 271 of 1969 Date of Judgment:1971-09-24 Reported As: PLD 1972 Karachi 116 Result: Order accordingly Judgment ORDER The present petition was dismissed for default of the petitioners and their counsel on the 16th of October 1970. On the 4th of December 1970 the petitioners filed an appli--cation under section 151, C. P. C. For restoration of the petition. In order to deal with this application it will be necessary to set out certain material facts. 2. The main petition was filed on the 19th of May 1969 and it is admitted that on that date the third respondent, Syed Ahmad, had already died. This fact was brought to the notice of the learned counsel for the petitioners by an affidavit sworn by the respondent No. 2 and filed fn this Court on the 26th of March 1970. 3. Be that as it may, on the 20th June 1970. The learned counsel for the petitioners made an application before the learned Senior Vacation Judge requesting that his matters may not be fixed for hearing in the month of July, since he was suffering from a serious illness. This application was allowed and it was ordered that the counsel's work should not be fixed for the me nth of July 1970. Then on 29th of July 1970, a second application was made by the learned counsel for the petitioner praying that his matters may not be fixed…

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