| Case ID |
04734219-8bbd-4f31-a2e4-708c053027fe |
| Body |
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| Case Number |
Civil Revision No.314 of 1998 |
| Decision Date |
Oct 09, 2001 |
| Hearing Date |
|
| Decision |
The revision was dismissed with the direction that the suit shall stand restored only upon payment of Rs.1,500 as costs. If the costs are not paid, the impugned remand order shall not hold. The parties are required to appear before the Senior Civil Judge, Karak on 31-10-2001. The case highlights the importance of communication between counsel and client, emphasizing that the absence of instructions from the client does not warrant the dismissal of the suit without proper adjournment procedures. |
| Summary |
In the case of Civil Revision No.314 of 1998, the Peshawar High Court dealt with issues surrounding the dismissal of a civil suit based on the absence of instructions from the plaintiff's counsel. The court noted that the appropriate action would have been to adjourn the case rather than dismiss it outright. This ruling reinforces the legal principle that a court should not dismiss a suit unless proper procedures are followed, particularly when the counsel is present without instructions. The decision also underscores the necessity for clients to maintain communication with their legal representatives to avoid such situations. Keywords: Civil Procedure Code, Peshawar High Court, dismissal of suit, adjournment, counsel-client relationship, legal representation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan, CJ
|
| Lawyers |
Haji Muhammad Zahir Shah,
Mian Muhammad Younis Shah
|
| Petitioners |
another,
Asal Marjan
|
| Respondents |
Khol Marjan
|
| Citations |
2002 SLD 1877,
2002 CLC 855
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVII, R.3
|