| Case ID |
0ffe4e48-b121-4ba7-8684-d6483a7331a5 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 281 R of 19 |
| Decision Date |
Apr 17, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave against the order of the Peshawar High Court. The court found that the defendant had failed to file a written statement despite being granted multiple adjournments. The court upheld the ex parte decree passed against the petitioner, stating that the discretion exercised by the trial court was proper under the circumstances. The petitioner's request for reconsideration was denied as the procedural rules were correctly applied, reinforcing the principle that non-compliance with court orders can lead to adverse rulings. |
| Summary |
This case revolves around the dismissal of a civil petition against an ex parte decree issued by the Peshawar High Court. The petitioner, an Executive Engineer, failed to submit a written statement despite being granted multiple opportunities, leading to the striking off of their defense and the passing of an ex parte decree. The Supreme Court emphasized the importance of adhering to procedural rules under the Civil Procedure Code, particularly Order XVII, rule 3, which mandates that a party who fails to appear at an adjourned hearing may have their defense struck off. The ruling reinforces the need for parties to comply with court orders and the consequences of failing to do so, highlighting the judicial emphasis on maintaining order and efficiency in legal proceedings. This case serves as a pivotal reference for similar civil procedure issues, illustrating the courts' firm stance on procedural compliance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Mian Burhanuddin Khan
|
| Lawyers |
S. Akhtar Ali Khan,
Ch. Akhtar Ali,
S. Sabihul Hasan,
Qasim Imam
|
| Petitioners |
Executive Engineer, Peshawar
|
| Respondents |
4 Others,
Messrs Tour Muhammad & Sons
|
| Citations |
1983 SLD 393,
1983 SCMR 619
|
| Other Citations |
Yusuf Ali v. M. Aslam Zia and 2 others (P L D 1958 S C (Pak.) 104),
S. Azizul Hassan and another v. Malik Ghulam Muhammad (1971 S C M R 123),
Municipal Committee, Bahawalpur v. Sh. Aziz Ilahi (P L D 1910 S C 506),
Masta, v. Sarang and another (P L D 1969 S C 261)
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order XVII, rule 3
|