| Case ID |
39bbd616-57f2-4bef-a4d7-f61be5477bcc |
| Body |
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| Case Number |
Civil Appeal No. K-25 of 1970 |
| Decision Date |
Feb 22, 1981 |
| Hearing Date |
Mar 14, 1981 |
| Decision |
In this case, the Supreme Court of Pakistan deliberated on the adjournment request made by the respondent's representative, Z. D. Magerramov. Despite the appellant's objections citing the prolonged duration of the appeal and the significant expenses incurred, the court acknowledged the respondent's need for adequate representation, especially given the involvement of an important legal question concerning the jurisdiction of Pakistan Courts over a foreign government. Consequently, the court granted a reasonable adjournment to allow respondents to arrange proper legal counsel, scheduling the next hearing for March 14, 1981, in Rawalpindi. The court also mandated that no further adjournments be permitted and affirmed that, in the absence of representation, the case would proceed ex parte against the respondents. Additionally, the court ordered the respondents to cover the appellant's costs amounting to Rs. 10,000 for the adjournment and instructed the transmission of the order to relevant Soviet entities and the respondent's former Advocate-General for accountability. |
| Summary |
The Supreme Court of Pakistan adjudicated Civil Appeal No. K-25 of 1970, decided on February 22, 1981, involving petitioner A. M. Qureshi and the respondents, including the Union of the Soviet Socialist Republic and Z. D. Magerramov. The case, cited as 1982 SLD 637 and 1982 SCMR 1142, primarily revolved around a request for adjournment under the Civil Procedure Code of 1908 due to the respondents' lack of proper legal representation. The respondents sought additional time to secure appropriate counsel, highlighting a significant legal issue regarding the jurisdiction of Pakistani courts over a foreign government. Despite the appellant's arguments against the adjournment, citing extended litigation time and incurred expenses, the court recognized the necessity for fair representation. Consequently, the court granted the adjournment, scheduling the subsequent hearing for March 14, 1981, in Rawalpindi, while emphasizing that no further adjournments would be permitted. The decision also mandated the respondents to cover the appellant's costs related to the adjournment and required official communication of the order to Soviet diplomatic entities and the respondent's former legal representative. This case underscores the court's commitment to ensuring due process and adequate legal representation, even in complex international legal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
USSR Trade Representative in Pakistan,
USSR Embassy in Islamabad,
USSR Trade Representative in Karachi,
Mr. M. I. Memon
|
| Judges |
ANWARUL HAQ, C.J.,
DORAB PATEL,
MUHAMMAD HALEEM,
SHAFIUR REHMAN,
FAKHRUDDIN G. EBRAHIM, JJ
|
| Lawyers |
Sharif-ud-Din Pirzada, Senior Advocate, Supreme Court,
Muhammad Makhdoom Ali Khan, Advocate of the High Court of Sind
|
| Petitioners |
A. M. QURESHI
|
| Respondents |
UNION OF SOVIET SOCIALIST REPUBLIC AND ANOTHER,
Z. D. Magerramov, Assistant to the USSR Trade Representative in Pakistan
|
| Citations |
1982 SLD 637,
1982 SCMR 1142
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVII, r. 1
|