SCMR 2002

2002 SCM R 1367 (PLP)

MUHAMMAD YOUSAF ‑‑‑ Appellant Versus MUSHTAQ AHMAD‑‑‑Respondent

Jurisdiction / Court
Supreme dot of Pakistan
Decided Date
Civil Appeal No.280 of 2001, decided on 19th March, 2001.
Honorable Judges
Ch Muhammad Arif and Syed Deedar Hussain Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 2002 SCM R 1367 (PLP)
Forum / Court Supreme dot of Pakistan
Bench Members Ch Muhammad Arif and Syed Deedar Hussain Shah, JJ
Parties MUHAMMAD YOUSAF ‑‑‑ Appellant Versus MUSHTAQ AHMAD‑‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2002 SCM R 1367 (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2002 SCM R 1367 (PLP)?

The case was heard and decided by the Supreme dot of Pakistan bench comprising: Ch Muhammad Arif and Syed Deedar Hussain Shah, JJ.

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

Cite this legal precedent as: 2002 SCM R 1367 (PLP) (MUHAMMAD YOUSAF ‑‑‑ Appellant Versus MUSHTAQ AHMAD‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • ‑‑‑‑O..XIV, Rr.1, 4 & O.XV. Rr.2, 4‑‑‑Constitution of Pakistan (1973), Art, 185(3)‑‑‑Failure of appellant to submit requisite numbers of paper books within time fixed in the notice‑‑‑Effect‑‑‑Leave to appeal was granted on 16‑2‑2001 in presence of Advocate‑on‑Record for appellant with direction that appeal be fixed within two months‑‑‑Expected compliance with show -cause notice dated 3‑3‑2001 on 19‑3‑2001 would be of no help to the appellant as he had failed to comply with direction contained in show‑cause notice‑‑‑Supreme Court dismissed the appeal for non -prosecution.
  • Mehr Khan Malik, Advocate‑on‑Record for Appellant.
  • Date of hearing: 19th March, 2001.
  • Mr. Mehr Khan Malik, learned Advocate‑on‑Record for the appellant states that his client is still within time to submit the requisite number of Paper Books at appeal stage in that the same can be filed within 60 days of the Leave Grant Order dated 16‑2‑2001. The Paper Books have been prepared and the same can be submitted in the Office an time, today.
  • 2. Be that as it may, the fact remains that when the leave was granted on 16‑2‑2001 in the presence of the learned Advocate‑on‑Record and it was ordained that: "Both the parties should maintain status duo till the decision of the appeal which should be fixed within two months as a short point is involved". The expected compliance with notice dated 3‑3‑2001, today, the 19th instant, would be of no help to the appellant as he has failed to comply with the direction contained in the show‑cause notice.

Headnotes / Summary

(On appeal from the judgment dated 17‑12‑1999 of the Peshawar High Court, Abbottabad Bench, Abbottabad in Civil Revision No. 109 of 1995). Supreme Court Rules, 1980‑‑‑

Judgment & Decree

Mr. Mehr Khan Malik, learned Advocate‑on‑Record for the appellant states that his client is still within time to submit the requisite number of Paper Books at appeal stage in that the same can be filed within 60 days of the Leave Grant Order dated 16‑2‑2001. The Paper Books have been prepared and the same can be submitted in the Office an time, today.

2. Be that as it may, the fact remains that when the leave was granted on 16‑2‑2001 in the presence of the learned Advocate‑on‑Record and it was ordained that: "Both the parties should maintain status duo till the decision of the appeal which should be fixed within two months as a short point is involved". The expected compliance with notice dated 3‑3‑2001, today, the 19th instant, would be of no help to the appellant as he has failed to comply with the direction contained in the show‑cause notice.

3. For the reasons detailed in the show‑cause notice, the appeal is dismissed for non‑prosecution. S.A.K./M‑349/S Appeal dismissed.