| Case ID |
2600f2a1-8342-4902-86b3-c885624209a7 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1049 of 1985 |
| Decision Date |
Mar 29, 1989 |
| Hearing Date |
Mar 29, 1989 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine questions regarding the dismissal of the petitioner's F.A.O. by the High Court due to the non-appearance of the petitioner's counsel at the scheduled time. The Court considered whether the High Court's refusal to restore the appeal was justified despite the counsel's explanation not being found false. The decision also addressed whether the mistake in estimating the timing by the counsel constituted a sufficient cause. The Court referenced previous cases that supported the petitioner's position and ultimately deemed it appropriate to grant leave to appeal. |
| Summary |
This case revolves around the procedural intricacies of civil law in Pakistan, specifically focusing on the rights of petitioners when their appeals are dismissed due to the absence of legal representation. The Supreme Court evaluated the circumstances under which the High Court dismissed the petitioner's F.A.O. and the implications of counsel's non-appearance on the administration of justice. The ruling emphasized the importance of fair representation in legal proceedings and the standards for restoring appeals. The case also reflects on the broader context of civil procedure laws in Pakistan, including the Constitution of Pakistan and the Civil Procedure Code. Keywords: Supreme Court of Pakistan, civil law, legal representation, appeal, constitutional rights, procedural justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD
|
| Lawyers |
M.M. Saeed Beg, Advocate instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioner,
Shamim Abbas Bukhari, Advocate Supreme Court instructed by Rana MA. Qadri, Advocate-on-Record for Respondent
|
| Petitioners |
PROVINCE OF PUNJAB
|
| Respondents |
Messrs Syed SHAFIQUE AHMAD
|
| Citations |
1989 SLD 1594,
1989 SCMR 1276
|
| Other Citations |
C.P. 520/84 (decided on 22-2-1989),
C.P. 892/84 (decided on 18-3-1989),
C.P. 675/85 (decided on 27-3-1989),
Babu Jan Muhammad and others v. Dr. Abdul Ghafoor and others P L D 1966 S C 461,
Salamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan P L D 1966 S C 467
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
O.XLIII, R.1
|