2007 PLP 1940 (SCMR)
ALLAH DEWAYYA and others — Applicants Versus BAKA through L.Rs. and others — Respondents
| Citation | 2007 PLP 1940 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Hamid Ali Mirza and Karamat Nazir Bhandari, JJ |
| Parties | ALLAH DEWAYYA and others — Applicants Versus BAKA through L.Rs. and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1940 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1940 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Hamid Ali Mirza and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1940 (SCMR) (ALLAH DEWAYYA and others — Applicants Versus BAKA through L.Rs. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 185---Supreme Court Rules, .1980; O.XIV, R.4---Appeal to Supreme Court---Dismissal of appeal in default---Application for re-admission. of appeal---Counsel for respondents had stated that appellant who subsequently died, remained alive for about three years after grant of leave to appeal by the Supreme Court---Copies of paper books as required to be' supplied under Order XIV, R.4 of the Supreme Court Rules, 1980, having .not been filed, summonses were issued against the appellants when the matter was placed before the Court---Neither any explanation for the non-filing of paper books was furnished nor any one appeared on behalf of the appellants on the said date---If appellant had expired, then A.O.R. at least could have entered his appearance or the other appellant or any one could have appeared before the Court---No sufficient cause having been shown for the purpose of setting aside impugned order of dismissal, application filed by appellants for re-admission of appeal, was dismissed accordingly.
- Zahid Hussain Khan, Advocate Supreme Court for Respondents.
- Muhammad Munir Peracha, Advocate Supreme Court for Applicants.
- 3. It is stated by learned counsel for the respondents that Mst. Ghulam Fatima died on 6-8-2004 as such she remained alive for about three years after the grant of leave to appeal by this Court.. Copies of paper books as required to be supplied under Order-XIV, rule 4 of the Supreme Court Rules, 1980, could not be filed, hence summonses were issued against the petitioner when the matter was placed in Court and on the said date when neither any explanation to the non-filing of paper A books was furnished nor any one appeared on behalf of the appellant. In case Mst. Ghulam Fatima had expired then Advocate-on-Record at least could have entered his appearance or the appellant Allah Dewayya or anyone of the petitioner could have appeared before the Court. In the circumstances, we find no sufficient cause is shown for the purpose of setting aside the impugned order of dismissal. We find no merit in .this application which is dismissed accordingly.
Headnotes / Summary
(On restoration from the order dated 19-7-2005 in C.A. No.1902 of 2001 passed by this Court). Muhammad Munir Peracha, Advocate Supreme Court for Applicants.
Judgment & Decree
This application for re-admission of Civil Appeal No.1902 of 2001 which was dismissed in default on 18-7-2005 is put up for consideration.
2. The appellant has shown ground in paras.3, 4 and 5 of the application for non-appearance on the date of hearing of appeal i.e. 18-5-2005 when the appeal was dismissed by this Court.
3. It is stated by learned counsel for the respondents that Mst. Ghulam Fatima died on 6-8-2004 as such she remained alive for about three years after the grant of leave to appeal by this Court.. Copies of paper books as required to be supplied under Order-XIV, rule 4 of the Supreme Court Rules, 1980, could not be filed, hence summonses were issued against the petitioner when the matter was placed in Court and on the said date when neither any explanation to the non-filing of paper A books was furnished nor any one appeared on behalf of the appellant. In case Mst. Ghulam Fatima had expired then Advocate-on-Record at least could have entered his appearance or the appellant Allah Dewayya or anyone of the petitioner could have appeared before the Court. In the circumstances, we find no sufficient cause is shown for the purpose of setting aside the impugned order of dismissal. We find no merit in .this application which is dismissed accordingly. H.B.T./A-9/SC??????????????????????????????????????????????????????????????????????? Application dismissed.