1990 SCMR705 (PLP)
Soofi DILAWAR HUSSAIN CHISHTI‑‑Petitioner Versus MUHAMMAD AFZAL‑‑Respondent
| Citation | 1990 SCMR705 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash,JJ |
| Parties | Soofi DILAWAR HUSSAIN CHISHTI‑‑Petitioner Versus MUHAMMAD AFZAL‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 SCMR705 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 SCMR705 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash,JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 SCMR705 (PLP) (Soofi DILAWAR HUSSAIN CHISHTI‑‑Petitioner Versus MUHAMMAD AFZAL‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Hussain Kadri, Advocate Supreme Court and .Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 10th February, 1990.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 8‑7‑1987, passed in Regular First Appeal No. 58 of 1997). ‑‑‑Art.185(3)‑‑‑Leave to appeal‑‑‑Petitioner, whose regular first appeal against order of Trial Court was summarily dismissed by High Court submitted that his appeal could not be dismissed by Judge of the High Court in Chamber‑‑‑Supreme Court accepting submission of petitioner, converted petition into appeal, allowed same and remanded case to High Court for decision afresh according to law. Hussain v. Mst. Afsar Jehan Begum and another P L D 1973 S C 1 rel.
Judgment & Decree
Shahid Hussain Kadri, Advocate Supreme Court and .Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 10th February, 1990. ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of learned Single Judge of the Lahore High Court, dated 8‑7‑1987.
2. A suit under Order XXXVII of the Code of Civil Procedure was brought by Muhammad Afzal respondent in the Court of the Additional District Judge, Jhang, for payment of a sum of Rs.24,11(X1 against the promissory note dated 20‑7‑1985. The suit was resisted and as a result of the pleadings four issues were framed and the learned trial Court after recording the evidence decreed the suit in favour of the respondent on 14‑4‑1987. This decree was challenged by the petitioner in Regular First Appeal but the same was summarily dismissed vide order dated 8‑7‑1987.
3. Notice in this petition was given to the respondent but none has appeared.
4. We have heard the learned counsel for the petitioner. fie has reiterated the arguments raised by him at the petition stage and submitted that in view of the law laid down by this Court in the case Abid Hussain v. Mst. Afsar Jehan Begum and another (P L D 1973 S C 1) the Regular First Appeal filed by the petitioner could not be dismissed by the learned Judge in his Chambers. This submission in view of the law laid down by this Court must succeed. We, therefore, convert this petition into appeal and allow the same and remand the case to the High Court for decision afresh according to law. H.B.T./D‑08/S Order accordingly.