2001 PLP 1766 (YLR)
Syed MUHAMMAD ALI SHAH and 4 others — Petitioners Versus IJAZ HUSSAIN SHAH — Respondent
| Citation | 2001 PLP 1766 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tassaduq Hussain Jilani, J |
| Parties | Syed MUHAMMAD ALI SHAH and 4 others — Petitioners Versus IJAZ HUSSAIN SHAH — Respondent |
| Primary Law | Administration of justice |
Q1: What are the key laws and sections cited in 2001 PLP 1766 (YLR)?
This judgment primarily cites: Administration of justice as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1766 (YLR)?
The case was heard and decided by the Lahore bench comprising: Tassaduq Hussain Jilani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1766 (YLR) (Syed MUHAMMAD ALI SHAH and 4 others — Petitioners Versus IJAZ HUSSAIN SHAH — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Murtaza Ali Zaidi for Petitioners.
- Muhammad Ghazanfar Ali for Respondent.
- Date of hearing: 10th January, 200,1.
Headnotes / Summary
PLD 2000 SC 820 ref.
Judgment & Decree
Syed Murtaza Ali Zaidi for Petitioners. Muhammad Ghazanfar Ali for Respondent. Date of hearing: 10th January, 200,
1. Learned counsel for the petitioners has relied on a judgment of the Supreme Court reported in PLD 2000 SC 820 to contend that the dismissal of civil revision after its admission for non-prosecution is not legally well-recognized and that Court have leaned in favour of deciding the issues on merit.
2. Learned counsel for the respondent has opposed the petition by submitting that legal heirs only one of the petitioners has filed this application and that their conduct has been contumacious.
3. It is well-settled principle of equity that subject to all just exceptions the cases should be decided on merit. In view of the law laid down in the judgment referred to above and the reason given in the application this civil miscellaneous it is allowed and the civil revision is restored to its original number. Learned counsel for both the parties shall file amended memo. of parties within ten days and the office shall issue notice to the newly-added petitioners and respondents for a date in March, 2001. Civil Miscellaneous is disposed of.
4. In view of the order passed in Civil Miscellaneous No. 1596/C of 2000, learned counsel for the petitioner- applicant does not want to press this application which is disposed of as not pressed.
5. Subject to all just exceptions this is allowed and disposed of. H.B.T./M-745/L Order accordingly.