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2004 SCMR 707

RASHEED AHMAD vs PROVINCE OF PUNJAB through District Collector, Vehari

Citation2004 SCMR 707
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,947-L of 2000
Date2003-03-05
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultLeave refused

ORDER

' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 21-2-2000 of a learned Single Judge of the Lahore High Court, Multan Bench, Multan, whereby Civil Revision No,585 of 1984 filed by respondent No,2 was allowed and the learned First Appellate Court was directed to decide the appeal on merits in accordance with law.

2. The facts briefly narrated are that a declaratory suit was filed by one Shero through respondent No,2 against the petitioner, which was dismissed with costs by the learned Senior Civil Judge, Vehari through his judgment dated 28-9-1981. The respondent filed an appeal assailing the above judgment of the trial Court, which was dismissed by the learned Additional District Judge, Vehari, through his judgment dated 24-4-1984 being incompetent as the certified copies of the impugned judgment and decree of the trial Court were appended subsequently. The respondent filed civil revision against the above judgment, which has been accepted by a learned Single Judge of the Lahore High Court through his judgment dated 21-2-2000, impugned herein, and the learned First Appellate Court was directed to decide the appeal of the respondent on merits. Hence, this petition for leave to appeal.

3. We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the entire documents appended with this petition. It is admitted by the learned counsel that the certified copy of the judgment of the trial Court has been filed after obtaining the same. The plea that the same should have been filed A. Alongwith the memo. Of appeal is not apt in the facts of the present cause as the office has not pointed out this deficiency to the notice of the respondent. Even otherwise, it is an established practice of this Court that the cases should be decided on merits and technical knock-out should B sparingly be. Resorted to. In the case in hand; a discretion has been exercised by the learned Single Judge of the High Court to advance the cause of justice. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court.

' Resultantly, for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and .

Cited by 10 cases

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