Mst. RESHAM JAN vs Khan NAWAB KHAN AND Other — 1967 PLD 418

Citation: 1967 PLD 418

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-04-20

Parties: Mst. RESHAM JAN vs Khan NAWAB KHAN AND Other

Headnotes

Case cited as PLD 1967 SC 418

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s):Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan, Khawaja Muhammad Yousaf Saraf Title: Mst. RESHAM JAN vs Khan NAWAB KHAN AND Other Case No.: Civil Revision No. 17 of 1969 Date of Judgment:1970-04-20 Reported As: PLD 1970 Azad J & K 66 Result: Order accordingly Judgment ORDER OF REFERENCE MUHAMMAD SHARIF, C. J.---The facts giving rise to this revision petition are that Nawab Khan instituted a pre-emption suit against Mst. Resham Jan on 19-6-65. The trial Court passed an order on 18-4-66 Counsel for the plaintiff and defendant No. 1 are present. Shah Muhammad defendant is also present. Amir Akbar Khan defendant is not present. He has been served by substituted service. Ex parte proceedings ordered against him. The defendants present have been given a copy of the plaint. They shall file their written statement on the next date and Zer-i-Panjant shall be deposited. The file to come up on 16-7-66." It so happened that the learned Presiding Officer of the trial Court was not present on 16-7-66. The plaintiff put in an application into the Court that he be allowed to furnish security instead of making a deposit of the one-fifth of the purchase price and he also filed a security bond for one-fifth of the purchase price the same day. The learned Sub--- Judge was not present and the clergy adjourned the case to 2-8-66. On 2-8-66 the learned Sub- Judge accepted the application of the plaintiff for permission to file a security…

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