| Case ID |
3d7badf1-eab1-497d-9be6-64b939294524 |
| Body |
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| Case Number |
C.M.As. Nos. 1607, 1641, 1749 of 2006 in High Cour |
| Decision Date |
Apr 04, 2007 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the application for restoration of the appeal due to the appellants' prolonged non-prosecution and lack of a satisfactory explanation for the delay. The court found that the appellants had engaged in calculated actions to avoid the execution of the impugned order while failing to pursue their appeal diligently. The conduct of their counsel was deemed deliberate and lacking sufficient cause, thus denying the appellants any indulgence from the court. The principles of law emphasized the obligation of the parties and their counsel to proceed with cases diligently, underscoring that mere engagement of counsel does not absolve the parties from their responsibilities. |
| Summary |
In the case of C.M.As. Nos. 1607, 1641, 1749 of 2006 in High Court Appeal No. 122 of 1997, the Sindh High Court addressed the issue of non-prosecution of an appeal that had been pending for almost nine years. The court dismissed the application for restoration, finding that the appellants, REX TALKIES (PVT.) LTD. and another, had failed to provide a satisfactory explanation for their inaction. The judgment emphasized that the law favors the adjudication of cases on their merits rather than on technical grounds. Despite engaging multiple counsels, the appellants did not diligently pursue their appeal, and the absence of their senior counsel on the date of dismissal was deemed a pretext. The court reiterated that each counsel engaged by a party is obligated to represent the client until officially discharged. The decision highlights the importance of accountability in legal representation and the need for parties to actively manage their cases. This case serves as a crucial reference for understanding the responsibilities of legal representatives and the consequences of neglecting these duties. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Rasheed A. Razvi,
Bilal Shoukat
|
| Petitioners |
another,
REX TALKIES (PVT.) LTD.
|
| Respondents |
2 others,
SAMIR OOSMAN
|
| Citations |
2007 SLD 2928,
2007 PLD 362
|
| Other Citations |
Imtiaz Ali v. Ghulam Ali PLD 1963 SC 382,
Ex-H.A.V. Mirza Mushtaq Baig v. Central Court Martial 1994 SCMR 1948,
Hayat Khan and others v. Abdul Razzaq and others 2003 SCMR 1940,
Zulfiqar Ali v. Lal Din 1974 SCMR 162
|
| Laws Involved |
Civil Procedure Code (V of 1905)
|
| Sections |
O. XLI, R.19,
O.IX, R.9,
Ss.107,
151
|