| Citation(s) |
|---|
| 2004 SLG 1053 2004 SLD 1053 2004 SCMR 870 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2167 L of 1999, decision dated: 11-07-2002.(On appeal from order of Lahore High Court, Multan Bench, Multan dated 1 12 1999 passed in Civil Miscellaneous No.3402 of 1999 in Writ Petition No.954 of 1982)
RANA BHAGWANDAS, SARDAR MUHAMMAD RAZA KHAN AND KHALIL UR REHMAN RAMDAY, JJ
Khadim Nadim Malik, Advocate Supreme Court with Mahmudul Islam, Advocate on-Record for Petitioners. Nemo for
Respondents
Civil Petition for Leave to Appeal No.2167 L of 1999, decision dated: 11-07-2002.(On appeal from order of Lahore High Court, Multan Bench, Multan dated 1 12 1999 passed in Civil Miscellaneous No.3402 of 1999 in Writ Petition No.954 of 1982)
RANA BHAGWANDAS, SARDAR MUHAMMAD RAZA KHAN AND KHALIL UR REHMAN RAMDAY, JJ
Khadim Nadim Malik, Advocate Supreme Court with Mahmudul Islam, Advocate on-Record for Petitioners. Nemo for
Respondents
MUHAMMAD SHARIF through Legal RepresentativeSs
VS
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)--- Arts. 199 & 185(3) Constitutional petition dismissed by High Court for non appearance of counsel Appointment of counsel as Additional Advocate General Constitutional petition was filed against the Provincial Government and due to absence of the counsel, the petition was dismissed Plea raised by the petitioners was that due to the appointment of the counsel as Additional Advocate General, he could not appear against the Provincial Government Validity Said appointment did not absolve the counsel from appearing before the High Court and apprise of his disability to appear on behalf of the petitioners and/or to intimate the petitioners through legal notice that he would no longer represent them before the Court of law Both the options available to the counsel were not availed of High Court had rightly non suited the petitioners Leave to appeal was refused. JUDGMENT RANA BHAGWANDAS, J. Petitioners seek leave to appeal against Lahore High Court order dated 1 12 1999 dismissing application for restoration of Writ Petition No.954 of 1982, dismissed for non--prosecution on 18 10 1999. 2. Grounds urged for restoration of the petition before the learned Judge in Chambers of the High Court were firstly, that Mr. Khadim Nadim Malik, Advocate for the petitioner (since deceased) had been appointed as Additional Advocate General, Punjab and was, thus, not available to appear in the Court; secondly, that petitioner Muhammad Sharif died somewhere in 1991 whereas his legal heirs were not aware of the fixation of the writ petition and thirdly, that the condition, subject to which the writ petition had been admitted for regular hearing had been duly complied with by the petitioner. Learned Judge in the High Court was not impressed by any of these submissions and dismissed the application for restoration of the writ petition vide order impugned in this petition. 3. We have heard learned counsel for the petitioner at quite some length and gone through the available record as well as the impugned judgment. There is no denial of the fact that writ petition against the order of the Member (Colonies), Board of Revenue, Punjab had been pending before…
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