1993 PLP 1570 (SCMR)
Ch. NASEER AHMAD and 4 others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Joint Secretary, Ministry of
| Citation | 1993 PLP 1570 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Shakurul Salam and Muhammad Afzal Lone, JJ |
| Parties | Ch. NASEER AHMAD and 4 others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Joint Secretary, Ministry of |
| Primary Law | Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1570 (SCMR)?
This judgment primarily cites: Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1570 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Shakurul Salam and Muhammad Afzal Lone, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1570 (SCMR) (Ch. NASEER AHMAD and 4 others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Joint Secretary, Ministry of). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abid Hassan Minto, Advocate instructed by S. Abul Aasim Jafri Advocate‑on‑Record for Petitioners.
- S.M. Tayyab, Advocate for Respondent No.2.
- Date of hearing: 7th February, 1993.
Headnotes / Summary
(On appeal from the order dated 9‑7‑1991 of the Lahore High Court Multan Bench, Multan passed in C.M.No. 603 of 1991 in W.P. No. 990 0 1981). ‑‑‑‑Preamble‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑Dismissal of Constitutional petition by High Court for non‑prosecution‑‑‑Application for restoration was also dismissed on the main ground that Constitutional petition having been filed on behalf of Chairman, Evacuee Trust Board, whose order was set aside by the Federal Government, therefore, prosecution of the case by the petitioners was not bona fide‑‑‑Validity‑‑‑Petitioners had no right in view of the order of final authority, the Federal Government, to prosecute the petition‑‑‑Leave to appeal was refused in circumstances. Nemo for the Remaining Respondents.
Judgment & Decree
Abid Hassan Minto, Advocate instructed by S. Abul Aasim Jafri Advocate‑on‑Record for Petitioners. S.M. Tayyab, Advocate for Respondent No.2. Nemo for the Remaining Respondents. Date of hearing: 7th February, 1993. ABDUL SHAKURUL SALAM, J.‑‑Petitioners seek leave to appeal against an order of a learned Judge of the Lahore High Court, Multan Bench, Multan in C.M. No.G03 of 1991 in W.P. No. 990 of 1991 dated 9‑7‑1991.
1. The fact; are that when on 1‑7‑1991, the petitioners' writ petition came up before the learned Judge of the Lahore High Court, Lahore, the following order was passed:‑‑ "There is a letter dated 22‑3‑1984, available on record written by the Assistant Administrator, Litigation, Evacuee Trust Property Board, Lahore addressed to Administrator, Evacuee Trust Property, Multan, that the said department does not want to pursue the writ petition: No body has appeared today for the petitioners. Dismissed for non- prosecution."
2. The petitioners filed an application for restoration being C.M. No. 603 of 1991. The learned Judge observed that "there were four counsel for the petitioners and even if one of them was not available there was no explanation why others were not present'. It was also noted that "the writ petition was filed on behalf of the Chairman of Evacuee Property Trust Board whose order was set aside by the Federal Government. In view of these circumstances, I am not satisfied that the prosecution of the case even was bona fide. No ground has been made out for restoration of the writ petition. This petition is dismissed in limine". This is vide order dated 1‑7‑1991.
3. Learned counsel for the petitioners contended that since the principal counsel was to appear non‑appearance of the other counsel was not fatal and the non‑appearance of the principal counsel was justifiable.
4. In view of the order of the final authority, the Federal Government, the petitioners have no right. The petition is without force. It is dismissed. A.A./N‑335/S Leave refused.