| Citation(s) |
|---|
| 2003 SLG 754 2003 SLD 754 2003 SCMR 1940 |
Supreme Court of Pakistan
Civil Petition No.340-L of 2001, decision dated: 21st January, 2003. (On appeal from the judgment dated 20-12-2000 passed. by the Lahore High Court, Lahore, in Regular First Appeal No.80 of 1988)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Shamim Abbas Bokhari, Advocate Supreme Court for Petitioners. Shahzad Shaukat, Advocate Supreme Court for
Respondents
Civil Petition No.340-L of 2001, decision dated: 21st January, 2003. (On appeal from the judgment dated 20-12-2000 passed. by the Lahore High Court, Lahore, in Regular First Appeal No.80 of 1988)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Shamim Abbas Bokhari, Advocate Supreme Court for Petitioners. Shahzad Shaukat, Advocate Supreme Court for
Respondents
HAYAT KHAN and others
VS
ABDUL RAZZAQ and others
Law:
Section:
Civil Procedure Code (V of 1908) O.XLI, R.19Constitution of Pakistan (1973), Art.185(3)Dismissal of appeal for nonprosecution on appellant's original counsel's showing his inability to argue appealHigh Court dismissed application for readmission of appealContention of appellant was that at the time of call of appeal, his other counsel, who superseded original counsel, was busy before Supreme CourtValidityAppeal had come up for hearing in presence of original counsel, but he had not made request for adjournment that other counsel was busy before Supreme CourtAppellant had not withdrawn power of attorney of original counsel on account of having appointed in his place other counselOriginal counsel, who filed appeal before High Court, was under obligation to appear and argue appealImpugned judgment did not suffer from any illegal infirmityDiscretion exercised by High Court did not call for interferenceSupreme Court dismissed petition. Mst. Zubaida Mumtaz Begum anti others v. Mst. Ikram Jan and another 1990 SCMR 1025 and Slamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan PLD 1996 SC 467 ref. ORDER FAQIR MUHAMMAD KHOKHAR, J. This petition is directed against judgment dated 20122000 passed by the Lahore High Court, Lahore in Regular First Appeal No. 80 of 1988. 2. The -Petitioners instituted a civil suit against the -Respondents for specific performance of an oral agreement to sell the land measuring 1175 Kanals and 13 Marlas situated at Mauza Salam Pur Faraz, Tehsil Shorkot, District Jhang. The civil suit of the -Petitioners was dismissed on merits by Civil Judge 1st Class, Shorkot by judgment and decree dated 3111988. The -Petitioners filed Regular First Appeal No.80 of 1988, which was dismissed by the Lahore High Court, Lahore by order dated 6111995 for nonprosecution on the ground that learned counsel for the -Petitioners had shown his inability to argue the appeal. The -Petitioners filed Civil Miscellaneous No.776 of 1995 under Order 41, rule 19, C.P.C. for readmission of the appeal, which was dismissed by the Lahore High Court, Lahore by impugned order dated 20122000. Hence this petition for leave to appeal. 3. The learned counsel for…
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