| Case ID |
2a3583ab-bd2d-4fd4-9022-1d3ac243a0e6 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 316 |
| Decision Date |
Mar 29, 1980 |
| Hearing Date |
Mar 29, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by Muhammad Idrees against the ex parte ejectment order passed by the learned Rent Controller. The Court found that the petitioner had failed to establish sufficient cause for his absence on the relevant date and thus upheld the lower courts' findings. The Court emphasized the importance of appearing in court and providing a valid reason for any absence, noting that the petitioner's explanation of looking for his counsel was inconsistent and not credible. The Court concluded that the petitioner had intentionally avoided appearing in court and therefore the ex parte order was rightly maintained. |
| Summary |
In the case of Muhammad Idrees vs. Mst. Shamim Akhtar, the Supreme Court of Pakistan addressed the issue of an ex parte ejectment order against the tenant, Muhammad Idrees. The case revolved around the tenant's failure to appear in court due to alleged difficulties in finding legal representation. The Court scrutinized the tenant's claims and found them lacking in credibility, ultimately dismissing the appeal. This case highlights the critical nature of court appearances and the legal obligations of tenants in eviction proceedings. It serves as a reminder of the consequences of non-appearance and the necessity of providing valid justifications in legal matters. Key legal principles from the Civil Procedure Code and the West Pakistan Urban Rest Restriction Ordinance were applied, underscoring the importance of procedural compliance in eviction cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Karam Elahee Chauhan,
Abdul Kadir Shaikh
|
| Lawyers |
Raja Afrasiab,
S. Abid Nawaz
|
| Petitioners |
Muhammad Idrees
|
| Respondents |
Mst. Shamim Akhtar
|
| Citations |
1980 SLD 362,
1980 SCMR 787
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
West Pakistan Urban Rest Restriction Ordinance (VI of 1959)
|
| Sections |
O. IX, r. 13,
S. 13
|