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Petitioner: Mst. GHULAM FATIMA and another VS Respondent: Mst. SABLAN and 7 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Mst. GHULAM FATIMA and another vs Mst. SABLAN and 7 others Case No.: Civil Petition for Leave to Appeal No,1118 of 1985 Date of Judgment:1989-06-10 Reported As: 1990 SCMR 636 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side in a suit for declaration; against the acceptance by the High Court, of reapondents' F.A.O. ' The petitioners were required under Order X, Rule 4 (2) C.P.C. To appear personally in Court and to answer questions. On their failure to do so they were non-suited. Their appeal was accepted but the respondents side having in their turn succeeded in the High Court, the petitioners have now sought leave to appeal. ' The learned Judge in the High Court after giving reasons for setting aside the appellate order in the operative part of the impugned judgment observed as follows :- "The absence of the next friend of Lal Khatoon and Ghulam Fatima on two dates when they were ordered to appear in person entailed the penalty embodied in Order X, Rule 4(2) of the C.P.C. I, therefore, accept this first appeal against order------- ." The impugned judgment has been challenged on various grounds stated in the petition. The grounds urged in the petition together with the points: whether, the question of exercise of discretion allowed by the second part of sub-rule (2) of Rule 4 of Order X, C.P.C. Did not require the Court to examine it specifically; whether, the discretion should be exercised against the plaintiffs females; in the circumstances of this case, would require examination. Leave to appeal, accordingly, is granted. ' Security Rs,5,000. ' The appeal shall be prepared on the present record with direction to the parties to file all essential documents.