2004 PLP 927 (SCMR)
NEMAT ALI and others‑‑‑Petitioners Versus Malik HABIB ULLAH and others‑‑‑Respondents
| Citation | 2004 PLP 927 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil‑ur‑Rehman Ramday, Muhammad Nawaz Abbasi and Faqir Muhammad Khokhar, JJ |
| Parties | NEMAT ALI and others‑‑‑Petitioners Versus Malik HABIB ULLAH and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 927 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 927 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil‑ur‑Rehman Ramday, Muhammad Nawaz Abbasi and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 927 (SCMR) (NEMAT ALI and others‑‑‑Petitioners Versus Malik HABIB ULLAH and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Nasrullah Khan, Advocate Supreme Court for Petitioners.
- Manzoor Hussain Bhatti, Advocate Supreme Court for Respondents.
- Date of hearing: 16th July, 2002.
- KHALIL‑UR‑REHMAN RAMDAY, J.‑‑‑Civil Petition No. 1373‑L of 1999 was dismissed by this Court for non‑prosecution through an order dated 28‑5‑2002 on ground of the non‑appearance of Rana Nasrullah Khan, the learned Advocate Supreme Court who was to assist in this Court in the said civil petition on behalf of the petitioner.
- 2. C.M.A. No.1103‑L of 2002 seeks restoration of the said civil petition on the ground that Rana Nasrullah Khan, Advocate Supreme Court had to suddenly leave the Court to attend to his son who had some medical problem and was being examined by doctor. This application is supported by an affidavit sworn by Rana Nasrullah Khan, Advocate Supreme Court confirming the above noticed ground for his absence from this Court at the time when the civil petition in question was called and was dismissed for non‑prosecution.
- 4. In view of the above noticed situation which is supported by an affidavit from a learned Advocate of this Court, C.M.A. No. 1103‑L of 2002 is allowed. Civil Petition No. 1373‑L of 1999 is restored to its A original number and shall be listed for hearing in due course.
Headnotes / Summary
‑‑‑‑Art. 185(3)‑‑‑Petition for leave to appeal‑‑Restoration of petition dismissed for non‑prosecution‑‑‑Illness of son of petitioner's counsel‑‑ Such plea of absence of the counsel was supported by affidavit of the counsel‑‑‑Supreme Court restored the petition to its original number‑‑ Application was allowed.
Judgment & Decree
Rana Nasrullah Khan, Advocate Supreme Court for Petitioners. Manzoor Hussain Bhatti, Advocate Supreme Court for Respondents. Date of hearing: 16th July, 2002. KHALIL‑UR‑REHMAN RAMDAY, J.‑‑‑Civil Petition No. 1373‑L of 1999 was dismissed by this Court for non‑prosecution through an order dated 28‑5‑2002 on ground of the non‑appearance of Rana Nasrullah Khan, the learned Advocate Supreme Court who was to assist in this Court in the said civil petition on behalf of the petitioner.
2. C.M.A. No.1103‑L of 2002 seeks restoration of the said civil petition on the ground that Rana Nasrullah Khan, Advocate Supreme Court had to suddenly leave the Court to attend to his son who had some medical problem and was being examined by doctor. This application is supported by an affidavit sworn by Rana Nasrullah Khan, Advocate Supreme Court confirming the above noticed ground for his absence from this Court at the time when the civil petition in question was called and was dismissed for non‑prosecution.
3. Mr. Manzoor Hussain Butt appears for the respondents and has been heard.
4. In view of the above noticed situation which is supported by an affidavit from a learned Advocate of this Court, C.M.A. No. 1103‑L of 2002 is allowed. Civil Petition No. 1373‑L of 1999 is restored to its A original number and shall be listed for hearing in due course. M.H./N‑98/S Petition allowed