Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -- O. XLI, r. 17-Appellant entered appearance before appellate Court and did not state that he did not want to prosecute his appeal-Such appeal, held, could not be dismissed in default under O. XLI, r. 17, C. P. C.-Such appeal could be decided on merits after hearing appellant and counsel of respondent said to have been present in Court. Basudev v. Bideshi and another A I R 1929 Rang. 11(2) ; Taher Sheikh Cbowkidar and others v. Otarudd! Howladar and others A I R 1929 Cal. 475 Nasir Khan v. Itwari and others A I R 1924 All. 144 and Musaliarakath Muhammad v. Manaviakrama the Zemorin Rajah Avergal and others A I R 1923 Mad. 13 distinguished (b) Civil Procedure Code (V of 1908)--- --- O. XLI, r. 30--Hearing of parties was as good as that of their pleaders-When appellant was heard by appellate Court, non-hearing of his counsel due to his (counsel's) absence, held, was of no consequence. Sultan v. Haji Niamat P L D 1965 (W P) Posh. 219 ref. ORDER This civil revision has arisen out of a suit for pre-emption brought by the petitioner. Nazir Ahmed, against the respondents, Muhammad Yousuf and others. The suit was dismissed by the Civil Judge, Shorkot, District Jhang. The petitioner, therefore, filed an appeal. His appeal came up before the District Judge, Jhang, on 2Gth November, 1983 for hearing. On that date the petitioner and learned counsel for the respondents appeared before the learned District Judge. The petitioner requested for adjournment on the ground that his counsel was not present but the same was refused by the learned District Judge for the following reasons :- "The learned counsel for the appellant did not turn up in spite of the fact that the Court waited for him for sufficient time. The record of the case rather shows that the learned counsel for the appellant never attended this Court since the date of the admission of this appeal for regular hearing on 24-I-1982 and it is the appellant himself who has always been appearing in Court there was, therefore, no fun in adjourning this appeal to any other date." The learned District Judge then heard the petitioner and learned counsel for the respondents and…

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