| Citation(s) |
|---|
| 2015 SLG 3154 2015 SLD 3154 2015 MLD 1771 |
Sindh High Court
Suit No. 570 of 2009, decided on 28th August, 2014. dates of hearing: 31st March and 12th August, 2014
NADEEM AKHTAR, J
Usman Tufail Shaikh for Plaintiff. Ikram Ahmed Ansari for Defendant
Suit No. 570 of 2009, decided on 28th August, 2014. dates of hearing: 31st March and 12th August, 2014
NADEEM AKHTAR, J
Usman Tufail Shaikh for Plaintiff. Ikram Ahmed Ansari for Defendant
Mirza IMTIAZ BAIG--Plaintiff
VS
Messrs PAKISTAN HOCKEY FEDERATION and another----Defendants
Law:
Section:
Civil Procedure Code (V of 1908)--- ----S.114 & O. XLVII, R.1---Limitation Act (IX of 1908), Art. 162---Suit for recovery of money and damages---Review of ex parte order---Limitation---Defendant sought review of order dated 28-10-2013 by an application dated 26-11-2014---Validity---Provision of Art. 162 of Limitation Act, 1908, were made applicable specifically to cases where review was sought before High Court in its original civil jurisdiction, and it was not only made applicable to /decree but also to an order passed by High Court---Application filed by defendant was barred by time as the same was not filed within the limitation of 20 days prescribed in Art. 162 of Limitation Act, 1908, and no application for condonation of delay had been filed---Review was dismissed in circumstances. Riyaz Qasim v. Messrs AMA (Pvt.) Ltd., 1999 CLC 445; Sardar Ali and 3 others v. Tehsil Municipal Administration through Tehsil Nazim, 2012 YLR 1686; Natasha Hussain v. Shabbir Hussain and 2 others, PLD 2013 Lahore 257; Amjad Jan and others v. Qazi Azizul Haq and others, 2009 SCMR 1022 and Imtiaz Ali v. Atta Muhammad and another PLD 2008 SC 462 ref. ORDER C.M.A. No.13240 of 2013 NADEEM AKHTAR, J.---C.M.A. No.13240 of 2013 has been filed by defendant No.2 for self and purportedly on behalf of defendant No.1, seeking review of the order passed by me on 28-10-2013 whereby the office was directed to fix this Suit for ex parte order against the defendants on the next date. 2. Relevant facts giving rise to this review application are that on 28-10-2013, Mr. Hassan Sabir Advocate made a statement before the Court that he was representing both the defendants in this Suit. As his power from defendant No.1 was not on record, the learned counsel requested for time to file fresh power on behalf of defendant No.1 (Pakistan Hockey Federation) on the ground that defendant No.2 (Muhammad Asif Bajwa), who was the Secretary General of defendant No.1, had resigned. This request was strongly opposed by the learned counsel for the plaintiff by submitting that Mr. Hassan Sabir Advocate never filed his power on behalf of defendant No.1, and the power was filed only on behalf of defendant No.2. It…
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