Mst. GHULAM SAKINA AND 6 Other vs KARIM BAKHSH AND 7 Other — 1970 PLD 412

Citation: 1970 PLD 412

Court: Lahore High Court

Year: 1969

Decision Date: 1969-04-23

Parties: Mst. GHULAM SAKINA AND 6 Other vs KARIM BAKHSH AND 7 Other

Headnotes

Case cited as PLD 1970 Lahore 412

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah Title: Mst. GHULAM SAKINA AND 6 Other vs KARIM BAKHSH AND 7 Other Case No.: Civil Revision No. 201 of 1965 Date of Judgment:1969-04-23 Reported As: PLD 1970 Lahore 412 Result: Revision dismissed JUDGMENT JUDGMENT Karim Bakhsh and six others brought a suit against Nizam-ud-Din and Haji Ghulam Hussain, now deceased and represented by his legal representatives, Mst. Ghulam Sakina etc., the present petitioners for a declaration that the sale of the shop described in the heading of the plaint was against law. In the course of proceedings, that took place in connection with the suit, the order recorded on 24-1-62 is relevant for our present purposes. The said order is to the following effect:- "Plaintiff No. 1 present. Counsel for defendant No. 2 (Haji Ghulam Hussain), Mr. Muzaffar Hasan present. Defendant No. 1 (Nizam-ud-Din) absent despite service through beat of drum, ex parte against him. Adjourned to 27-1-62 for replication." On 27-1-62, the following order was passed:--- "Plaintiffs absent. Defendant No. 2 in person along with his counsel, Mr. Muzaffar Ahsan. Suit against defendant No. 2 is dismissed under Order IX, rule 8 and against defendant No. 1 under Order IX, rule 3, C. P. C." 2. On 4-4-62 an application for restoration of the suit was submitted by the plaintiffs under Order IX, rules 4 and 9 read with section 151, C. P. C. Haji Ghulam Hussain (defendant No. 2), however, contested the same which led to the…

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