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2004 SCMR 927

NEMAT ALI and others vs Malik HABIB ULLAH and others

Petitioner: NEMAT ALI and others VS Respondent: Malik HABIB ULLAH and others

Court: Supreme Court of Pakistan Decision Date: 2002-07-16

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Muhammad

Nawaz Abbasi Title: NEMAT ALI and others vs Malik HABIB ULLAH and others Case No.: C.M.A. No,1103-L of 1999 and Civil Petition No,1373-L of 1999 Date of Judgment:2002-07-16 Reported As: 2004 SCMR 927 Result: Petition allowed Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.---Civil Petition No,1373-L of 1999 was dismissed by this Court for non-prosecution through an order dated 28-5-2002 on ground of the non-appearance of Rana Nasrullah Khan, the learned Advocate Supreme Court who was to assist in this Court in the said civil petition on behalf of the petitioner. 2. C.M.A. No,1103-L of 2002 seeks restoration of the said civil petition on the ground that Rana Nasrullah Khan, Advocate Supreme Court had to suddenly leave the Court to attend to his son who had some medical problem and was being examined by doctor. This application is supported by an affidavit sworn by Rana Nasrullah Khan, Advocate Supreme Court confirming the above noticed ground for his absence from this Court at the time when the civil petition in question was called and was dismissed for non-prosecution. 3. Mr. Manzoor Hussain Butt appears for the respondents and has been heard. 4. In view of the above noticed situation which is supported by an affidavit from a learned Advocate of this Court, C.M.A. No,1103-L of 2002 is allowed. Civil Petition No,1373-L of 1999 is restored to its original number and shall be listed for hearing in due course.

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