| Case ID |
3d8590fe-d734-480f-ae63-4f32a4142e20 |
| Body |
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| Case Number |
137 R of 1977 |
| Decision Date |
Mar 28, 1978 |
| Hearing Date |
Jan 27, 1977 |
| Decision |
We, therefore, hold that, on the facts, the petitioner has failed to bring, his case under section 151 of the Civil Procedure Code and this petition is dismissed. However, we grant the petitioner four months time to hand over vacant possession of the demised premises to the respondent provided, he continues to pay the rent for this period. |
| Summary |
In the landmark case of Dorab Patel and Qaisar Khan vs. Ch. Khurshid Alam, the Supreme Court of Pakistan deliberated on Civil Petition for Special Leave to Appeal No. 137 R of 1977. Decided on March 28, 1978, the case highlighted critical aspects of the Civil Procedure Code (V of 1908), specifically Section 151 and Order XLI, rule 19. The petitioner, Muhammad Munawar, alongside his legal representatives Maulvi Sirajul Haq and M. A. Siddiqui, challenged the eviction decreed by the respondent, Ch. Khurshid Alam. Central to the case was the incorrect listing of the petitioner's name in the High Court's cause list, which allegedly led to the inadvertent dismissal of his appeal for default. Despite the petitioner's assertions of non-intentional absence due to the cause list errors, the Supreme Court upheld the High Court's decision, emphasizing the necessity for advocates to diligently verify case details from both weekly and daily cause lists. The court referenced multiple precedents, including Seth Shivrattan G. Mohatta and another v. Messrs Muhammadi Steamship Co. Ltd. and Zulfiqar Ali v. Lai Din, to reinforce the principle that both litigants and their counsel bear responsibility for case management and presence in court. Ultimately, the Supreme Court dismissed the petition but granted the petitioner a four-month period to vacate the premises, contingent upon continued rent payments. This case underscores the imperative for accurate legal documentation and proactive case management within the Pakistani judicial system, serving as a pivotal reference for future civil procedure litigations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Supreme Court of Pakistan,
District Court, Lyallpur
|
| Judges |
Dorab Patel,
Qaisar Khan
|
| Lawyers |
Maulvi Sirajul Haq,
M. A. Siddiqui,
Salah-ud-Din,
Masood Javid
|
| Petitioners |
Muhammad Munawar
|
| Respondents |
Ch. Khurshid Alam
|
| Citations |
1978 SLD 189,
1978 SCMR 266
|
| Other Citations |
Seth Shivrattan G. Mohatta and another v. Messrs Muhammadi Steamship Co. Ltd. P L D 1965 S C 669,
Nandkishore v. Lalji and others A I R 1950 Nag. 195,
Bhagwati Prasad and another v. Ram Roop Tewari & Co. A I R 1962 All. 622,
Zulffqar Ali v. Lai Din 1974 S C M R 162
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
151,
Order XLI, rule 19
|