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Petitioner: BASHIR AHMED and others VS Respondent: AHMED YAR KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Anwar Zaheer Jamali, Iqbal Hameed-ur-Rehman Title: BASHIR AHMED and others vs AHMED YAR KHAN and others Case No.: Civil Appeal No,40 of 2013 Civil Revision No,388-D of 1993 Date of Judgment:2013-04-18 Reported As: 2013 SCMR 1047 Result: Order accordingly
Judgment ORDER ' ANWAR ZAHEER JAMALI, J.---This civil appeal, with leave of the Court, is directed against the order dated 24-9-2012, in Civil Revision No,388-D of 1993 (Re: Bashir Ahmed and others v. Ahmed Yar Khan and others), passed by a learned single Judge in chambers of Lahore High Court, Multan Bench, whereby, this civil revision petition was dismissed solely on account of non-filing of certified copies of certain documents as required by first proviso to subsection (1) of section 115, C.P.C. 2. The learned ASCs present before us concede that on the date of hearing when impugned order was passed, the R&Ps of two Courts below were available before the revisional Court so as to enable it to hear and decide the revision petition on merits and in accordance with law, but still it opted to dismiss the revision petition on technical ground without even calling upon the petitioner to do the needful in this regard. Such harsh approach, derailing the very spirit of this judicial system for dispensation of justice on merits cannot be approved. 3. Considering the above aspect of the case, the learned ASCs present in this case candidly agree that the impugned order dated 24-9-2012, may be set aside and Civil Revision No,388-D of 1993, being already 20 years old, may be remanded to the Lahore High Court, Multan Bench for its disposal on merits and in accordance with law within one month from the date of communication of this order: . 4. To avoid any delay in post remand proceedings before the High Court, the hearing in the Civil Revision is fixed before the High Court on 2-5-2013, for which date no fresh notice is required to be issued to the parties concerned.