| Case ID |
43b55aff-91cc-4bbf-9093-ac2a29578a69 |
| Body |
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| Case Number |
Civil Petition No. 396 of 1987 |
| Decision Date |
Nov 18, 1987 |
| Hearing Date |
Nov 18, 1987 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioners after considering an application for restoration of an appeal dismissed for non-prosecution. The Court determined that the failure to appear was not due to negligence or carelessness of the counsel or his clerk, but rather an inadvertent oversight by the clerk. The Court emphasized that the application for restoration was made within ten days of the dismissal and that the case was still in motion. Consequently, the Court allowed the appeal, set aside the dismissal order, and directed the High Court to dispose of the case in accordance with law. |
| Summary |
In the case of Civil Petition No. 396 of 1987, the Supreme Court of Pakistan addressed crucial issues regarding the restoration of an appeal dismissed for non-prosecution. The petitioners, represented by experienced advocates, argued that their counsel's absence was due to an inadvertent omission by the clerk, which was promptly rectified with a restoration application filed within ten days. The Court recognized the importance of due diligence in legal proceedings and highlighted that mere inadvertence should not penalize a party from having their case heard. This decision underscores the judicial discretion exercised in restoring appeals and reinforces the principle that litigants should not be lightly deprived of their right to a fair hearing. The ruling sets a precedent for similar cases where procedural lapses occur without deliberate intent. Legal practitioners should note the Court's emphasis on the circumstances surrounding each case, particularly regarding the timely filing of applications for restoration and the absence of prejudice to the opposing party. This landmark ruling serves as a guiding principle in civil procedure and the restoration of dismissed appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH, JUSTICE,
S.A. NUSRAT, JUSTICE,
ALI-HUSSAIN QAZILBASH, JUSTICE
|
| Lawyers |
Muhammad Zainul Abidin, Advocate Supreme Court,
Meh Khan Mehtab, Advocate Supreme Court,
Aivaz Ali, Special Attorney in person
|
| Petitioners |
OTHERS,
SHAUKAT HUSSAIN
|
| Respondents |
OTHERS,
MST. QAISARAH BEGUM
|
| Citations |
1988 SLD 2978,
1988 SCMR 263
|
| Other Citations |
Dhanjisha Bahramji Ghadially v. Abdul Latif Khan 1983 SCN 1003,
Salamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan P L D 1966 S C 467
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
11(2),
17,
19
|