| Case ID |
168ad093-9736-4148-9179-2134a2ee93f1 |
| Body |
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| Case Number |
Civil Appeal No. 162 of 1978 |
| Decision Date |
Jun 05, 1983 |
| Hearing Date |
Jun 05, 1983 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the appellant, Nowsheri Khan, against the judgment of the Peshawar High Court, which had dismissed the civil revision petition filed against the dismissal of his appeal for non-prosecution. The Court found that the order of dismissal was void due to non-compliance with mandatory provisions regarding the notice of hearing dates. The Court ruled that the appeal is deemed to still be pending and requires a decision on merits after due notice to the parties. |
| Summary |
In the case of Civil Appeal No. 162 of 1978, the Supreme Court of Pakistan dealt with significant procedural issues regarding the Civil Procedure Code (V of 1908). The case revolved around the dismissal of an appeal for non-prosecution, where the appellant, Nowsheri Khan, was not present at the hearing. The Court emphasized that the adjournment of the hearing must be made by the Court itself, not by a court official such as a Moharrir or Reader. This decision underscores the importance of proper legal procedure and notification in civil appeals, ensuring that parties are adequately informed of hearing dates. The ruling serves as a critical reference for similar cases involving procedural lapses and the rights of appellants in civil litigation. Legal practitioners must ensure compliance with the procedural requirements set out in the Civil Procedure Code to avoid adverse outcomes. This case highlights key principles that are essential for maintaining the integrity of the judicial process, making it a vital point of reference for legal professionals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Syed Muhammad Shahudul Haque,
Ch. Akhtar Ali,
Karam Elahi Bhatti
|
| Petitioners |
Nowsheri Khan
|
| Respondents |
Said Ahmad Shah
|
| Citations |
1983 SLD 260,
1983 SCMR 1092
|
| Other Citations |
PLD 1964 SC 97,
PLD 1981 Kar. 73,
PLD 1975 SC 678
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, r. 17,
O. XLI, rr. 1.7 & 19,
O. XVII, r. 5
|