2013 PLP 1047 (SCMR)
BASHIR AHMED and others — Appellants Versus AHMED YAR KHAN and others — Respondents
| Citation | 2013 PLP 1047 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Anwar Zaheer Jamali and Iqbal Hameedur Rahman, JJ |
| Parties | BASHIR AHMED and others — Appellants Versus AHMED YAR KHAN and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2013 PLP 1047 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 1047 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Anwar Zaheer Jamali and Iqbal Hameedur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 1047 (SCMR) (BASHIR AHMED and others — Appellants Versus AHMED YAR KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 115(1), first proviso---Civil revision petition dismissed by High Court solely on account of non-filing of certified copies of certain documents as required by first proviso to S.115(1), C.P.C.---Propriety---Admittedly, on the date of hearing of revision petition record and proceedings (R&Ps) of two courts below were available with the High Court so as to enable it to hear and decide the revision petition on merits, but still it opted to dismiss the petition on technical grounds without even calling upon the petitioner to do the needful in such regard---Such harsh approach adopted by the High Court which derailed the spirit of the judicial system for dispensation of justice on merits could not be approved---Counsel for both parties agreed that revision petition being 20 years old, might be remanded to the High Court for disposal on merits and in accordance with law---Supreme Court set aside impugned order in circumstances and remanded the case to High Court for disposal on merits.
- Gulzarin Kiyani, Senior Advocate Supreme Court and Sh. Akhtar Ali, Advocate-on-Record for Appellants.
- M. Shahzad Siddiqui, Advocate Supreme Court for Respondent No.9.
- Zulfiqar Khalid Maluka, Advocate Supreme Court for Respondents Nos. 2, 3(c), 4(b) and (c), 5, 6 and 7 (with permission of Court).
- Ex parte for Respondents Nos.1 to 8 and 10.
- Date of hearing: 18th April, 2013.
Headnotes / Summary
(On appeal from judgment of Lahore High Court, Multan Bench, dated 24-9-2012, passed in Civil Revision No.388-D of 1993.)
Judgment & Decree
ANWAR ZAHEER JAMALI, J.
This civil appeal, with leave of the Court, is directed against the order dated 24-9-2012, in Civil Revision No.388-D of 1993 (Re: Bashir Ahmed and others v. Ahmed Yar Khan and others), passed by a learned single Judge in chambers of Lahore High Court, Multan Bench, whereby, this civil revision petition was dismissed solely on account of non-filing of certified copies of certain documents as required by first proviso to subsection (1) of section 115, C.P.C.
2. The learned ASCs present before us concede that on the date of hearing when impugned order was passed, the R&Ps of two Courts below were available before the revisional Court so as to enable it to hear and decide the revision petition on merits and in accordance with law, but still it opted to dismiss the revision petition on technical ground without even calling upon the petitioner to do the needful in this regard. Such harsh approach, derailing the very spirit of this judicial system for dispensation of justice on merits cannot be approved.
3. Considering the above aspect of the case, the learned ASCs present in this case candidly agree that the impugned order dated 24-9-2012, may be set aside and Civil Revision No.388-D of 1993, being already 20 years old, may be remanded to the Lahore High Court, Multan Bench for its disposal on merits and in accordance with law within one month from the date of communication of this order. Order accordingly.
4. To avoid any delay in post remand proceedings before the High Court, the hearing in the Civil Revision is fixed before the High Court on 2-5-2013, for which date no fresh notice is required to be issued to the parties concerned. MWA/B-3/SC Order accordingly.