2006 PLP 1458 (SCMR)
GHULAM RASOOL and others — Petitioners Versus AHMAD YAR and others — Respondents
| Citation | 2006 PLP 1458 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and M. Javed Buttar, JJ |
| Parties | GHULAM RASOOL and others — Petitioners Versus AHMAD YAR and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2006 PLP 1458 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1458 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1458 (SCMR) (GHULAM RASOOL and others — Petitioners Versus AHMAD YAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 26th January, 2005.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore dated 19-6-2000 passed in Civil Revision No.1411 of 2000).
S. 96
Limitation Act (IX of 1908), S.5
Constitution of Pakistan (1973), Art.185(3)
Appeal barred by limitation
Failure of counsel to inform appellants
Effect
Appellate Court dismissed the appeal being time-barred and the judgment was maintained by High Court in exercise of revisional jurisdiction
High Court had rightly dismissed the revision on the ground that even if counsel of appellant, who had been appearing on their behalf, had not informed them regarding decision of the suit, under law, it was not sufficient ground for condonation of delay in filing of appeal
Valuable rights had accrued to decree-holder as the appellants did not file appeal well within time
Appellants failed to show `sufficient cause' for not filing the appeal well within time
Appellants had been negligent in defending the suit, hence the Appellate Court had rightly dismissed the appeal being barred by time
Supreme Court declined to interfere in the judgments and decrees passed by High Court as well as by Appellate Court
Leave to appeal was refused.
Judgment & Decree
Petitioners being judgment-debtors of the witching mentioned suit having been decreed in favour of the. respondents, preferred time-barred appeal which was dismissed by an Additional District Judge, Faisalabad on 22-4-2000 whose findings were affirmed by a learned Judge of the Lahore High Court turning down petitioners' revision (Civil Revision No.1411 of 2000) vide the impugned order dated 19-6-2000 opining as under:-- "I have considered the arguments of the learned counsel for the petitioners and have perused the record. The petitioners had appointed Ali Sher to defend the suit with their own free-will and they should have been vigilant to defend the suit. Furthermore, even if the counsel of the petitioners who had been appearing on their behalf had not informed the petitioner/ defendants regarding decision of the suit; under the law it is not sufficient ground for condonation of delay in filing the appeal as a valuable right has accrued to the plaintiff/ decree-holder as the petitioners did not file the appeal' well within time. The petitioners have failed to show the "sufficient cause" for not filing the appeal well within time; they have been negligent in defending the suit, hence, the lower Appellate Court has rightly dismissed the appeal of the petitioners being barred by time." Have recoursed to the captioned petition for leave to appeal, wherein the learned counsel despite the query could not dislodge the reasons recorded.
2. Resultantly, the same being devoid of any substance fails and is hereby dismissed. Leave declined. M.H./G-55/SC???????????????????????????????????????????????????????????????????????????????????? Leave refused.