SCMR 1986

1986 PLP 1688 (SCMR)

TARIQ MANZOOR — Petitioner Versus ABDUL AZIZ and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 1143 of 1983, decided on 30th July, 1986.
Honorable Judges
Muhammad Afzal Zullah and Shafiur Rehman, JJ
Case Reference Summary (AEO Optimized)
Citation 1986 PLP 1688 (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Shafiur Rehman, JJ
Parties TARIQ MANZOOR — Petitioner Versus ABDUL AZIZ and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP 1688 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP 1688 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Shafiur Rehman, JJ.

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

Cite this legal precedent as: 1986 PLP 1688 (SCMR) (TARIQ MANZOOR — Petitioner Versus ABDUL AZIZ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • M.M. Saeed Beg, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioner.
  • M. Siddiq Ch., Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Respondent No.1.
  • Date of hearing: 30th July, 1986.
  • M.M. Saeed Beg, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
  • M. Siddiq Ch., Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Respondent No.1.

Headnotes / Summary

(From the judgment/order of the Lahore High Court, Lahore, dated 29-5-1983 passed in Civil Revision No. 848 of 1982).

Art. 185(3)--Civil Procedure Code (V of 1908), O. XVII, Rr.1 & 2--Request for adjournment, refusal of--Conduct of a party or their Counsel--Relevancy of--Plea that request for adjournment made by sister of petitioner was rejected on extraneous consideration that earlier too petitioner-side had been absenting themselves, repelled--It was not an extraneous consideration for Court to note conduct of a party or their counsel when granting or refusing a request for adjournment--Impugned order not being open to interference, leave to appeal refused.

Judgment & Decree

M. Siddiq Ch., Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Respondent No.1. Date of hearing: 30th July, 1986. MUHAMMAD AFZAL ZULLAH, J.‑‑This petition for leave to appeal is directed against judgment, dated 29th of May, 1983, of the High Court; whereby an application made by the petitioner for restoration of his civil revision petition which had earlier been dismissed for default, was dismissed. Two grounds were raised before the High Court: One, the main petition was not fixed for hearing for 29th of May, 1983, when it was dismissed for non‑prosecution; and two, that the learned counsel for the petitioner had made an application for general adjournment which could not be put up before the Court on account of manoeuvring by the ministerial staff at the instance of the other party. Both the contentions were found incorrect. The application for restoration of the revision was accordingly dismissed. Learned counsel for the petitioner has not been unable to controvert the position that there was no factual basis for the contentions raised before the High Court. He, however, raised a new point, namely, that a request for adjournment made by the sister of the petitioner on 23rd May, 1983, when the Revision Petition was dismissed for non‑prosecution, was rejected on extraneous consideration that earlier too the petitioner‑side had been absenting themselves. We do not agree with the learned counsel that it was an extraneous consideration for the Court to note the conduct of a party or their counsel when granting or refusing a request for adjournment. No ground has been made out for interference. Leave to appeal accordingly, is refused. M. I.??????????????????????????????????????????????????????????????????????????????????????? ??????????? Petition dismissed