PLD 1957

P L D 1957 W (PLP)

MECHANICAL HIMALAYA TRANSPORT Co. LTD. — Petitioner Versus THE NEW JHELUM TRANSPORT Co. LTD., JHELUM

Jurisdiction / Court
High Court
Decided Date
2nd Novem ber 1956, District Rawalpindi
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation P L D 1957 W (PLP)
Forum / Court High Court
Bench Members N/A
Parties MECHANICAL HIMALAYA TRANSPORT Co. LTD. — Petitioner Versus THE NEW JHELUM TRANSPORT Co. LTD., JHELUM
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1957 W (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1957 W (PLP)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1957 W (PLP) (MECHANICAL HIMALAYA TRANSPORT Co. LTD. — Petitioner Versus THE NEW JHELUM TRANSPORT Co. LTD., JHELUM). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Shamim Hussain Qadri for Petitioner.
  • Abdur Rahim for Respondents.

Headnotes / Summary

Dismissed in default‑Appellant not vigilant‑Absence not unavoidable‑Appeal not to be restored.

Judgment & Decree

H. A. MAJID.‑‑

I have heard the petitioner's counsel about the reasons which led to the absence of the present petitioner company on 5th September 1956 the date on which its appeal was to be heard. The petitioner found it necessary to go to Rawalpindi for some business arid remained unaware of the fact that his counsel was away from Lahore. The petitioner is a company of some importance and I cannot consider that their absence on the fixed date was unavoidable. There is no indication that the petitioner made any effort to contact his counsel to make sure that he would be represented on the fixed date of hearing. Similarly, there is no indication that the petitioner company approached me for a change of the date. In the above circumstances, I think the correct decision would be to refuse to restore the appeal to the pending file. I, therefore, order accordingly. K.M.A. Order accordingly.