| Citation(s) |
|---|
| 1987 SLG 233 1987 SLD 233 1987 SCMR 150 |
Supreme Court of Pakistan
Civil Appeal No. 144 of 1974, decision dated: 2-11-1986.(Against the judgment and order of the Lahore High Court, dated 15-7-1974 in Civil Revision No. 942 of 1970)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Nemo for Appellants. Mian Saeedur Rehman Farrukh, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record (absent) for
Respondents Nos. 3 and 4
Civil Appeal No. 144 of 1974, decision dated: 2-11-1986.(Against the judgment and order of the Lahore High Court, dated 15-7-1974 in Civil Revision No. 942 of 1970)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Nemo for Appellants. Mian Saeedur Rehman Farrukh, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record (absent) for
Respondents Nos. 3 and 4
S. IRSHAD HUSSAIN and another
VS
AZIZULLAH KHAN and another
Law:
Section:
(a) Constitution of Pakistan (1973)----Art. 185(3)--Civil Procedure Code (V of 1908), S. 24-A(2) & O.IX, R. 13--High Court (Lahore) Rules and Orders, Vol, I, Chap. XIII, para. 6--Leave to appeal granted to examine whether High Court had correctly interpreted S. 24-A(2), C.P.C. read with para. 6, Chap. XII I , Vol_ I of High Court Rules and Orders. (b) Civil Procedure Code (V oaf 1908)-- ---S. 24-A (2)--High Court (Lahore) Rules and Orders, Vol, I, Chap. XIII, para. 6--Introduction of S. 24-A in Civil Procedure Code-Background and purpose--Transfer of suit--Appearance of parties-Application for setting aside ex parte decree--Section 24-A(2), C.P.C. makes it obligatory on parties to get themselves informed of future date of hearing and Court where case transferred--Duty of Court only to inform parties when they approach it for the purpose--No indication found on record that any defaulting defendant had approached any of Courts for such purpose--Record of proceedings, dispute arising over documents, power of attorney and authorisation and findings of fact leading to conclusion that all defendants--Respondents had a common cause, they allowed two of respondents to prosecute their cause and had not independently any intention of appearing or contesting claim at any stage--Defendants-respondents, in such circumstances, held, were not entitled to any equitable consideration, law being not entirely on their side--Judgment of High Court setting aside ex parte decree passed against defendants-respondents set aside and that of appellate Court restored and application of defendants-respondents under O.IX, R.13, C.P.C. dismissed. Krishen Lal Malhotra v. Madan Lal P L D 1950 Lah. 82; Azmat Begum v. Chief Settlement & Reh. Commissioner, Pakistan P L D 1962 (W . P .) Lah. 1041 and Law Reforms Commission 1958-59 Page 65, ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the plaintiffs to examine whether the Lahore High Court had in its judgment dated the 15th of July, 1974 correctly .interpreted section 24-A(2) of the Civil Procedure Code read with Para. 6, Chapter XIII, Volume 1 of the High Court Rules and Orders. The plaintiffs-appellants instituted a…
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