Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Messrs KHAN BROS. & Ca VS Respondent: Mst. SHAHNAZ BEGUM and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Messrs KHAN BROS. & Ca vs Mst. SHAHNAZ BEGUM and another Case No.: Civil Petition for Special Leave to Appeal No,52 of 1984 Date of Judgment:1988-11-14 Reported As: 1989 SCMR 560 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant, against the dismissal by the High Court of its Civil Revision. ' Respondents' suit was dismissed for default and application for restoration was also dismissed for non-prosecution. Later on, sufficient cause having been shown, the restoration application was restored and thereafter the suit was also restored. Learned counsel for the petitioner has attacked the statement of Mr. Sana Ullah, Advocate regarding his inability to appear in Court for the respondent/plaintiff on the day the suit was dismissed in default. He has tried to show that Mr. Sana Ullah made a false statement. After hearing the learned counsel we are unable to agree with him. The statement of Mr. Sana Ullah who was cross-examined, does not suffter from any such infirmity so as to justify an adverse comments by this Court. The finding of the Courts below does not suffer from any other error, either. Leave to appeal, therefore, is refused. ' Leave to .