| Case ID |
f60d69dd-c258-4b86-ac4a-13dff1569012 |
| Body |
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| Case Number |
Civil Petition No.1023 of 1983 |
| Decision Date |
Sep 14, 1988 |
| Hearing Date |
Sep 14, 1988 |
| Decision |
The Supreme Court reviewed the case where the respondents' suit for recovery of a significant sum of money had been previously dismissed for non-prosecution but later restored. The petitioner sought leave to appeal against the dismissal of his writ petition by the High Court. The Court found the cause for restoration presented by the respondents sufficient and held that the denial of relief by the High Court on the grounds of limitation did not warrant interference. Accordingly, leave to appeal was refused. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with a civil petition concerning the restoration of a suit for recovery of money that had been dismissed for non-prosecution. The petitioner, Syed Nawazish Ali, represented himself and contested the restoration, arguing that there was no sufficient cause for it and that the application was time-barred. The Supreme Court upheld the High Court's decision, emphasizing the sufficiency of the reasons provided for the restoration and clarifying that the High Court's discretionary powers regarding limitation should not be interfered with. The decision highlights the importance of procedural compliance and the courts' discretion in civil matters, making it a relevant case for those studying civil law and appeals in Pakistan. Keywords: civil petition, restoration of suit, recovery of money, Supreme Court Pakistan, discretionary jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNITED BANK LTD.,
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Syed NAWAZISH ALI,
|
| Petitioners |
Syed NAWAZISH ALI
|
| Respondents |
another,
UNITED BANK LTD.
|
| Citations |
1989 SLD 618,
1989 SCMR 550,
1989 SLD 1174
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3),
199
|