Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)-Leave to appeal-Name of petitioner's counsel having not been shown in cause list absence of petitioner's counsel to appear on date fixed in High Court-Excusable-High Court passing ex parte -Contention as to petitioner having been condemned unheard and deprived of opportunity of representing case before High Court, held, forceful-Leave to appeal granted.-[Leave to appeal]. Lt.-Col. Mirza Munawar Beg. etc. v. Mst. Hassan Bibi and others 1981 S C M R 160 ref, JUDGMENT NASIM HASAN SHAH, J.-This order will govern Civil Petitions for Special Leave to Appeal Nos. 974 and 975 of 1975. In view of the order we propose to make in these cases, the following statement of facts will suffice :- The respondent Ch. Jamal Din was petitioner in both the matters in the High Court, out of which Civil Petitions for Special Leave to Appeal Nos. 974 and 975 of 1975 have arisen. The petitioners herein Anwarul Haq Khan was represented by the late Sh. Saeed Akhtar, Advocate. Both the writ petitions were fixed for hearing before the learned Single Judge of the High Court on 20-3-1975. However, the name of Sh. Saeed Akhtar was not shown in the cause list. Hence no one appeared for Anwarul Haq Khan who was the respondent before the High Court and the petitioner herein. The learned Single Judge after hearing the learned counsel for the petitioners before him (respondent Jamal Din herein) allowed both the petitions with costs and quashed the order impugned before him vide a common judgment dated 20-2-1975. These petitions for leave to appeal are directed against the said judgment. A large number of grounds have been urged before us in support of these Petitions for Leave to Appeal. The first ground, however, is that the impugned judgment of the Lahore High Court was passed ex parse against the petitioner. He had engaged Mr. Saeed Akhtar, Advocate, who had put in a written statement in the writ petition. However, when the writ petitions were listed in the cause list the name of the counsel did not appear in the list nor was any intimation sent to petitioner. The learned Judge in the High, Court overlooked this circumstance and ordered ex parte…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492