1990 PLP 1442 (CLC)
MUHAMMAD NAWAZ‑‑‑Petitioner Versus DISTRICT JUDGE RAHIMYAR KHAN and others‑‑‑Respondents
| Citation | 1990 PLP 1442 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | MUHAMMAD NAWAZ‑‑‑Petitioner Versus DISTRICT JUDGE RAHIMYAR KHAN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1990 PLP 1442 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1442 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1442 (CLC) (MUHAMMAD NAWAZ‑‑‑Petitioner Versus DISTRICT JUDGE RAHIMYAR KHAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S.M. Anwar Shah for Petitioner.
Headnotes / Summary
Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑O.IX, R.9‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Suit dismissed on a date not fixed for hearing and without notice to plaintiff‑‑‑Such suit could not have been dismissed in default‑‑‑Order dismissing suit was set aside in Constitutional jurisdiction as not sustainable‑‑‑Plaintiffs suit stood restored.
Judgment & Decree
Despite intimation sent to him, Mr. Saeed Ahmad Waheed, Advocate, has not appeared. So, the respondents will be proceeded against ex parte.
2. After hearing the learned counsel for the petitioner, I find that no notice of the date i.e. 28‑3‑1979 when the suit of the petitioner was dismissed in default was given to him. Furthermore, 28‑3‑1979 was not a date of hearing; so the suit could not have been dismissed in default.
3. That being the position, this petition is allowed and the order of the A dismissal of the suit in default dated 19‑6‑1984 and orders subsequent thereto are declared to be without lawful authority and of no legal effect. Resultantly, the suit for possession by pre‑emption filed by Muhamad Nawaz against Muhammad Aslam and others stands restored. The petitioner will appear before the learned Civil Judge Sadiqabad on 4‑3‑1989 who will decide the suit within one month from today. AA./M‑2086/L Petition accepted.