2006 PLP 1450 (SCMR)
MUHAMMAD ARSHAD & CO. through Muhammad Arshad — Petitioner Versus ZILA COUNCIL, PAKPATTAN SHARIF, through District Nazim Pakpattan Sharif and others — Respondents
| Citation | 2006 PLP 1450 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD ARSHAD & CO. through Muhammad Arshad — Petitioner Versus ZILA COUNCIL, PAKPATTAN SHARIF, through District Nazim Pakpattan Sharif and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 1450 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1450 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1450 (SCMR) (MUHAMMAD ARSHAD & CO. through Muhammad Arshad — Petitioner Versus ZILA COUNCIL, PAKPATTAN SHARIF, through District Nazim Pakpattan Sharif and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Arts. 199 & 185(3)--Dismissal of constitutional petition by the High Court---Constitutional petition which was dismissed for non-prosecution, was restored by High Court on application of petitioner subject to payment of costs---On the date when constitutional petition came up for hearing, it was found that petitioner had not complied with the order of High Court as he had not paid the costs---Even on the date of hearing, neither costs were paid nor any request was ' made by petitioner for extension of time for payment of costs---Orders of High Court having not been complied with by petitioner, his constitutional petition was rightly dismissed---Impugned judgment did not warrant any interference by Supreme Court---Petition for leave to appeal was dismissed.
- Mirza Muhammad Aziz-ur-Rehman, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment, dated 21-7-2005 by the Lahore High Court, Lahore, in Writ Petition No.2330 of 2001).
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal from judgment dated 21-7-2005, passed by a learned Single Judge of Lahore High Court, Lahore in Writ Petition No.2330 of 2001.
2. The petitioner company filed Writ Petition No.2330 of 2001, which was dismissed for non-prosecution, by the Lahore High Court, Lahore, by judgment and decree, dated 1-6-2004. The petitioners moved C.M. Nos.2336 and 2337 of 2004 for restoration of the writ petition. The same were allowed by the High Court, by order, dated 26-5-2005. The order, dated 1-6-2004 of dismissal of the petitioner's writ petition was recalled and the writ petition was restored subject to payment of costs of Rs.5,
000. The writ petition came up for hearing on 21-7-2005. On which date the High Court dismissed the Writ Petition No.2330 of 2001 on account of non-compliance of its order, dated 26-5-2005 as the costs of Rs.5,000 had not been paid.
3. The learned counsel for the petitioner company vehemently argued that no time had been fixed for payment of costs by the petitioners. Therefore, the impugned order dated 21-7-2005 was not sustainable at law.
4. We have heard the learned counsel for the petitioners at some length. We find that even on the date of hearing i.e. 21-7-2005, the costs were not paid nor any request for more time was made by or on behalf of the petitioners for payment of the same. In the circumstances, the High Court was quite justified in dismissing the writ petition of the petitioners. The impugned judgment does not warrant any interference by this Court.
5. For the foregoing reason, we do not find any substance in this petition which is dismissed and leave to appeal is refused accordingly. H.B.T./M-107/SC??????????????????????????????????????????????????????????????????????????????? Leave refused.