| Citation(s) |
|---|
| 1968 SLG 370 1968 SLD 370 1968 PCRLJ 556 |
Sindh High Court
Criminal Revision Application No. 74 of 1966, 10th April, 1967
H. T. RAYMOND, J
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Criminal Revision Application No. 74 of 1966, 10th April, 1967
H. T. RAYMOND, J
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Mst. Sami
VS
Sahib Khan And othersOpponents
Law:
Section:
Keywords: Property, Regular Hearing, Proceedings, Endorsement, Land, Bailiff, Impugned Order, Order, Set Aside, Delay, Procedure, Appearance, Petition, Notices, Examination, Notice, Summons, Disposed Of, Offences, Validity, Consent Result: Petition accepted JUDGMENT This criminal revision petition assails the validity of an order of Mr. Ghulam Kadir N. Kadri, Additional Sessions Judge, Nawabshah, dated 18-2-66 passed on an appeal preferred before him on behalf of the present applicant under section 476-B, Cr. P. C. whereby he dismissed that appeal on the sole ground of a default of appearance on the part of the present applicant and her Advocate and without hearing the said appeal on merits. 2. The brief facts giving rise to this matter are that the husband of the applicant Mst. Sami wife of Talib Jamerjo died after purchasing some land in his own name in Deh Tetri Taluka Naushero Feroze from the Barrage Mukhtiarkar Nawabshah. After his death the present respondents who are his sons from his first wife and their mother desired that the applicant should give up her share in this land and towards this end they filed suit No. 69/62 on 10-7-62 in the Court of the Civil Judge, Naushero Feroze for a declaration that they owned all the shares in this land leaving nothing for the applicant. On 1-8-62 they obtained a summons from this Court against the applicant for a hearing on 7-8-62 and through bailiff Nek Muhammad of that Court they succeeded in getting this summons served fraudulently upon a wrong woman passing her off as the applicant Mst. Sami. On the date of hearing 7-8-62 opponent No. 4 produced a forged Mukhtarnama purported to have been signed by the present applicant. On 29-8-62 the next date of hearing the opponents produced a compromise application containing a forged thumb impression of the present applicant on the strength of which they secured a consent decree in their favour, depriving the applicant of her legitimate share in her husband's property. Thereafter the applicant filed Suit No. 7/63 against the opponents for setting aside the above-mentioned consent decree which suit was decreed by the Joint Civil Judge and F. C. M. Naushero Feroze and anβ¦
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