2016 PLP 1193 (MLD)
MUHAMMAD JAVAID and others — Petitioners Versus PRINCIPAL, GOVERNMENT COLLEGE FOR WOMEN, LAHORE — Respondent
| Citation | 2016 PLP 1193 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD JAVAID and others — Petitioners Versus PRINCIPAL, GOVERNMENT COLLEGE FOR WOMEN, LAHORE — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2016 PLP 1193 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 1193 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1193 (MLD) (MUHAMMAD JAVAID and others — Petitioners Versus PRINCIPAL, GOVERNMENT COLLEGE FOR WOMEN, LAHORE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ishtiaq Ahmed Khan for Petitioners.
- Barrister Danyal Ijaz Chadhar for Respondent.
Headnotes / Summary
O. XLI, R. 1
Appellate Court dismissed the appeal on ground that the petitioner had earlier withdrawn appeal against the same order without permission to file fresh appeal
Dismissal of the appeal on said ground was contrary to law
High Court, setting aside impugned order of dismissal, directed appellate court to decide the appeal on merits
Revision petition was allowed in circumstances.
Judgment & Decree
ALI AKBAR QURESHI, J.
The petitioners, through this revision petition, have challenged the validity of a judgment dated 28.11.2015, whereby the learned appellate court dismissed the appeal filed by the petitioner on the ground, that the petitioner earlier filed an appeal against the same order but subsequently withdrew the same and at the time of withdrawing the appeal, no permission was sought or granted to the petitioners to file the fresh appeal.
2. Heard. Record perused.
3. It is not denied by the petitioners, that earlier an appeal was filed against the impugned order dated 15.09.2015, which was simply withdrawn without seeking any permission to file the fresh one. The dismissal of the appeal on the aforesaid ground by the learned appellate court is contrary to the law laid down by the Hon'ble Supreme Court of Pakistan in esteemed judgment cited as Muhammad Yar (deceased) through L.Rs. and others v. Muhammad Amin (deceased) through L.Rs. and others (2013 SCMR 464), therefore, is not sustainable.
4. In view of the above, this revision petition is allowed, judgment dated 28.11.2015 is set aside and the appeal filed by the petitioners shall deem to be pending before the learned appellate Court, who is directed to decide the matter on merits. SL/M-89/L Revision allowed.