1988 PLP R (SCMR)
WEST PAKISTAN through its Chairman — Petitioner Versus Messrs DRILL WELL CONSULTING ENGINEERS &
| Citation | 1988 PLP R (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | WEST PAKISTAN through its Chairman — Petitioner Versus Messrs DRILL WELL CONSULTING ENGINEERS & |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1988 PLP R (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 1988 PLP R (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP R (SCMR) (WEST PAKISTAN through its Chairman — Petitioner Versus Messrs DRILL WELL CONSULTING ENGINEERS &). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.Iftikhar Ahmad, Advocate Supreme Court and Sh.Masood Akhtar, Advocate- on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 1st August, 1988.
- S.Iftikhar Ahmad, Advocate Supreme Court and Sh.Masood Akhtar, Advocate‑ on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order dated 12-1-1982 of the Lahore High Court, Lahore, passed in Civil Revision No.1226 of 1981).
S.115, O.IX, R.8 & O.XVII, R.3--Constitution of Pakistan (1973), Art.185 (3)--Arbitration--Dismissal in default--Restoration of- Application regarding Arbitration dismissed in default Restoration refused on ground of limitation--High Court's order upholding Trial Courts judgment, impugned--Leave to appeal granted to consider )contentions inter alias (i) that application was within time; (ii) that original application should have been restored under inherent powers of Court and restoration application should not have been dismissed as time -barred; (iii) that arbitration fee having been deposited in only reference was to be made compliance with Trial Courts order, and therefore application should not have been dismissed; (iv) that it being an adjourned case, matter should have been dealt with under O.XVII, R.3, C.P.C.; (v) that respondent was also absent on-the day when original application was dismissed in default, thus restoration would not have caused any prejudice to any party in so far as merits of case were concerned.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought against the dismissal of petitioner's civil revision by the High Court. It had arisen out of an arbitration matter. The learned trial Judge dismissed petitioner's application regarding arbitration, in default. The application for restoration was dismissed as time‑barred. The High Court upheld the trial Court's judgment and dismissed petitioner's revision. The learned counsel has vehemently contended that the application was within time; that the original application should also have been restored under the inherent powers of the Court. Thus, the restoration application should not have been dismissed as time‑barred; that the trial Court had passed the requisite orders for deposit of the arbitration fee which had also been deposited. Only reference was to be made, therefore, the application should not have been dismissed under Order IX, Rule 8, C.P.C., that it was not the first hearing. It was an adjourned case. Therefore, he argued, the matter should have been dealt with under Order XVII, Rule 3, C . P. C . instead of Order IX, Rule 8; and, that the respondent was also absent on the day the original application was dismissed for default. Moreover, the restoration would not have caused any prejudice to any party in so far as the merits of the case are concerned. These questions and other related questions require examination. Leave to appeal is, accordingly, granted. The delay in the filing of the present petition is condoned. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents. M.I./W‑33/S Leave granted.