1987 PLP 672 (SCMR)
MUHAMMAD ANWAR and 11 others‑‑Petitioners Versus NAZIR AHMED‑‑Respondent
| Citation | 1987 PLP 672 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. A. Nusrat and Saad Saood Jan, JJ |
| Parties | MUHAMMAD ANWAR and 11 others‑‑Petitioners Versus NAZIR AHMED‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 672 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 672 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. A. Nusrat and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 672 (SCMR) (MUHAMMAD ANWAR and 11 others‑‑Petitioners Versus NAZIR AHMED‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Irshad Ahmed Qureshi, Advocate Supreme Court instructed by Rana Maqbool Ahmed Qadri, Advocate‑on‑Record for Petitioners.
- Hamid Khan, Advocate Supreme Court instructed by S. Abul Asim Jafri, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 26‑1‑1987 passed in C.M. No. 728 of 1986 in R.F.A. No. 142 of 1979). ‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑‑Civil Procedure Code (V of 1908) , Ss. 96 & 151‑‑Suit for pre‑emption‑‑ Appeal of petitioner, against decree passed by civil Court, dismissed as withdrawn on statement made by appellants' counsel and one of appellants‑‑Contentions by petitioners' counsel that their counsel was not empowered to make any such statement, nor was one of appellants authorised to make any statement on behalf of other appellants‑‑Same contentions were pressed into service before High Court and were rejected‑‑Petition for leave to appeal found to be without any merit and dismissed.
Judgment & Decree
Irshad Ahmed Qureshi, Advocate Supreme Court instructed by Rana Maqbool Ahmed Qadri, Advocate‑on‑Record for Petitioners. Hamid Khan, Advocate Supreme Court instructed by S. Abul Asim Jafri, Advocate‑on‑Record for Respondent. Date of hearing: 14th February, 1987. S. A. NUSRAT, J.‑‑ The petitioners' filed a Regular First Appeal in the Lahore High Court challenging the judgment and decree passed in a pre‑emption suit by the Civil Judge, Samundari dated 4‑9‑1979. The said appeal was dismissed as withdrawn on 2‑2‑1986 on the basis of the statements made by Ch. Muhammad Bashir, learned counsel for the appellants and Muhammad Saleem one of the appellants. The petitioners moved an application under section 151, C.P.C. for setting aside the order dated 2‑2‑1986 which was dismissed as per impugned order. 2.It was contended by the learned counsel for the petitioners their counsel Ch. Muhammad Bashir was not empowered to make any statement with regard to withdrawal of appeal. It was further contended that Muhammad Saleem, appellant was also not authorised to make any statement on behalf of other appellants and he was also not made to understand the implications of the proceedings in the Court which were in English.
3. The same contentions as now raised were pressed into service before the learned High Court and were rejected. A copy of the statement of Ch. Muhammad Bashir has been brought on record by which the learned counsel had unequivocally asked for disposal of appeal as withdrawn. The Vakalatnama executed in favour of Ch. Muhammad Bashir was examined by the learned High Court which authorised the counsel to even compromise the matter.
4. After having heard the learned counsel and going through the impugned order of the learned High Court, we find no merit in this petition, which is dismissed. S. Q. /M‑30/S Petition dismissed.