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Petitioner: DARA and 4 others VS Respondent: KHURSHID ALI and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Wajihuddin Ahmed, Irshad Hasan Khan, Munir A. Sheikh Title: DARA and 4 others vs KHURSHID ALI and 4 others Case No.: Civil Petition No, 439-L of 1999 Date of Judgment:1999-11-23 Reported As: 2001 SCMR 761 Result: Petition dismissed
Judgment ORDER ' WAJIHUDDIN AHMED, J.---The High Court, per order dated 22-1-1999, has upheld in revision an order dated 10-9-1995, passed by the learned Civil Judge, Bhakkar, in Suit No,195 of 1990, whereby a written statement filed on behalf of the respondents, purportedly through the respondents' attorney, was ordered to be returned and another written statement submitted on 13-2-1991 by the respondent No,1 himself was retained on the file. It has been noted in the relevant orders that the purported attorney did not even submit his power of attorney alongwith the written statement presented on 9-2-1991 and that such written statement having been disowned by the respondents-defendants could not, in the circumstances, be given any credence. Besides, real defence from the side of the defendants was required to be reflected in the proceedings. ' We find no merit in this petition directed against revisional order of the High Court and dismiss it.