1981 PLP 130 (CLC)
FEDERATION OF PAKISTAN AND 2 OTHERS‑Petitioners Versus MUHAMMAD HANIF‑Respondent
| Citation | 1981 PLP 130 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | FEDERATION OF PAKISTAN AND 2 OTHERS‑Petitioners Versus MUHAMMAD HANIF‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 130 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 130 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 130 (CLC) (FEDERATION OF PAKISTAN AND 2 OTHERS‑Petitioners Versus MUHAMMAD HANIF‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- T. II. Gillani for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
O. XLI, r. 19 read with Ss. 151 & 11.5‑Rendition of justice an act of grace on part ‑ of Court but a solemn duty enjoined upon it‑‑Appeal once admitted to hearing, District Judge default in dispose of matter on merits and not on short ground appearance‑No justification, held, for not deciding an appeal on merits in favour of party committing default in appearance when appeal calls for decision in his favour on basis of evidence and other material already existing on record‑Revision accepted and case remanded to District Judge for decision on merits.‑[Appeal (civil)].
Judgment & Decree
O. XLI, r. 19 read with Ss. 151 & S. 115‑Dismissssal of application for restoration of proceedings‑Revision‑Rules/Regulations‑Procedures of justice of Courts, held, intended to secure proper administration of justice and subordinate to such purpose ‑Court hence should lean in favour adjudication on merits rather than stifling proceedings on technicalities. The Thal Engineering Industries Ltd. v. The Bank of Bahawalpur Ltd. 1979 S C M R 32; Municipal Committee, Rawalpindi v. Raja Mead Sarwar Khan 1968 S C M R 817 and Maulvi Abdul Qasim v. Haji Abdul Razaq P L D 1957 Lah. 204 ref. (b) Civil Procedure Code (V of 1908)‑
O. XLI, r. 19 read with Ss. 151 & 11.5‑Rendition of justice an act of grace on part ‑ of Court but a solemn duty enjoined upon it‑‑Appeal once admitted to hearing, District Judge default in dispose of matter on merits and not on short ground appearance‑No justification, held, for not deciding an appeal on merits in favour of party committing default in appearance when appeal calls for decision in his favour on basis of evidence and other material already existing on record‑Revision accepted and case remanded to District Judge for decision on merits.‑[Appeal (civil)]. Manzoor Ahmad Bhatti v. Road Transport Corporation P L D 1973 Lah 659; Bibi Gurdevi v. Ch. Muhammad Bakhsh and others A I R 1943 Lah. 65, S. Zafar Ahmad v. Abdul Khaliq P L D 1964 Kar. 149; Ch. Ahmad Din v. Australasia Bank Ltd., Bhalwal 1971 S C M R 507; Bahadur Shah v. Sharaf etc. P L D 1973 Lah. 513 and Muhammad Akram v. Muhammad Aslam P L D 1979 Lah. 782 rel. T. II. Gillani for Petitioners. Nemo for Respondent. Date of hearing : 16th September 1980.