2005 PLP 1471 (SCMR)
COOPERATIVE MODEL TOWN SOCIETY — Petitioner Versus Mst. ASGHARI SAFDAR and others — Respondents
| Citation | 2005 PLP 1471 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Shaikh and Faqir Muhammad Khokhar, JJ |
| Parties | COOPERATIVE MODEL TOWN SOCIETY — Petitioner Versus Mst. ASGHARI SAFDAR and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2005 PLP 1471 (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 2005 PLP 1471 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Shaikh and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1471 (SCMR) (COOPERATIVE MODEL TOWN SOCIETY — Petitioner Versus Mst. ASGHARI SAFDAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 4th April, 2003.
Headnotes / Summary
(On review from the judgment of this Court dated 9-12-2002 passed in C.P. No.59-L of 2002).
O. XLI, R. 1
Supreme Court Rules, 1980, O.XXVI, R.4
Constitution of Pakistan (1973), Art. 188
Non-filing of certified copy of decree
Contention of the petitioner was that judgment passed by Supreme Court in case titled Baseer Ahmad Siddiqui v. Shama Afroz reported as 1988 SCMR 892, referred by the petitioner had not been noticed in judgment under review
Supreme Court, after considering both the judgments, held that the judgment under review and the judgment reported in the case referred by the petitioner should be construed in the context of their respective peculiar circumstances
Petition was dismissed. Baseer Ahmad Siddiqui vs. Shama Afroz 1988 SCMR 892 ref.
Judgment & Decree
MUNIR A. SHEIKH, J.
Review of judgment dated 9-12-2002 of this Court is sought on the ground that while taking the view that production of certified copy of decree with the memo. of appeal could not be dispensed with the judgment in the case of Baseer Ahmed Siddiqui v. Shama Afroz 1988 SCMR 892 which was referred at the time of hearing of the petition has not been noticed.
2. We have gone through this judgment and find that it has proceeded on its own facts, for in the reported case, the petitioner though had made application for supply of certified copy of the decree appealed against but the same was not made available to him when he preferred the appeal, the Court summoned the original record and the copy supplied to him whereas in this case, it was found as a matter of fact that the copy of the judgment and decree appealed against was available with the petitioner but he preferred the appeal without appending the same with the memo. Even otherwise, it was held in the judgment under review that it was not a fit case for exercise of discretion for grant of leave under Article 185 of the Constitution as the petitioner was guilty of gross negligence and contumacy, therefore, the judgment under review and the judgment reported in the above referred case should be construed in the context of peculiar circumstance of each case.
3. No ground is made out for review, therefore, this petition is dismissed. M.H./C-74/S Petition dismissed. ***