| Citation(s) |
|---|
| 1981 SLG 1392 1981 SLD 1392 1981 SCMR 1190 |
Supreme Court of Pakistan
Restoration Application in Civil Petition for Special Leave to Appeal No. 480 of 1975, decision dated: 13-06-1981.(Against the order of this Court, dated 25-2-1977)
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Advocate-on-Record Sardar Ataullah, Advocate and Iqbal A. Qureshi, for Petitioners. Qureshi mahmood Ahmad, Advocate and Ch. Muhammad Aslam, Advocate-on-Recard for
Respondents Nos. 1 to 3. Nemo for
Respondents Nos. 4, 5 and 10 to 13.
Restoration Application in Civil Petition for Special Leave to Appeal No. 480 of 1975, decision dated: 13-06-1981.(Against the order of this Court, dated 25-2-1977)
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Advocate-on-Record Sardar Ataullah, Advocate and Iqbal A. Qureshi, for Petitioners. Qureshi mahmood Ahmad, Advocate and Ch. Muhammad Aslam, Advocate-on-Recard for
Respondents Nos. 1 to 3. Nemo for
Respondents Nos. 4, 5 and 10 to 13.
HAJI MUHAMMAD AND 6 OTHERS
VS
SHAH MUHAMMAD AND 12 others
Law:
Section:
Civil Procedure Code (V of 1908)----O. IX, r. 8-Restoration of suit dismissed for default of appearance of plaintiff-Petition for special leave to appeal dismissed as withdrawn on application of Advocate-on-Record stating petitioners being not desirous of pursuing application due to their having entered into a compromise with respondents Petitioners subsequently moving application for restoration of their earlier application on ground of no instructions to withdraw case having been given by them to Advocate on-Record-Petitioners having admittedly not come in contact with Advocate-on-Record and instructions having been given to him by a person not proved to be acting as authorised agent of petitioners and counsel for opposite-party also not objecting to restoration application being allowed, application for restoration of petition for leave to appeal allowed in peculiar circumstances of case and in order to do complete justice. ORDER MUHAMMAD AFZAL ZULLAH, J.-Petition for Leave to Appeal No. 480 of 1975, was dismissed as withdrawn on 25-2-1977 by the then learned Chief Justice in Chamber on an office note. Although none had appeared on behalf of the petitioners, the said order was passed on a written application, dated 25-2-1977 submitted by Mr. Inayat Hussain Advocate-on-Record for the petitioner'. It is mentioned in para. 2 of the said application that the petitioners did not want to pursue the matter as they had entered into a compromise with the respondents. Subsequently, an application was moved on behalf of the petitioners that they had not instructed the Advocate-on-Record to withdraw the petition. Accordingly, they sought the restoration of the petition by the recall of order, dated 25-2-1977. Mr. Inayat Hussain explained that he had conducted the proceedings as Advocate-on-Record on instructions received from one Allah Jawaya who was acting for and on behalf of the petitioners in so far as the instructions are concerned. The contesting respondents represented by Mr. Mahmood A. Qureshi opposed the application for restoration of the main petition on various grounds. The matter came up for hearing on several occasions. The controversy which needed to be…
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