Pakistan Case Law← Search
2006 SCMR 1450

MUHAMMAD ARSHAD & CO. through Muhammad Arshad vs ZILA COUNCIL,

Citation2006 SCMR 1450
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1992-L of 2005
Date2005-10-12
Judge(s)Faqir Muhammad Khokhar, Karamat Nazir Bhandari
ResultLeave refused

ORDER

' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment dated 21-7- 2005, passed by a learned Single Judge of Lahore High Court, Lahore in Writ Petition No,2330 of 2001.

2. The petitioner company filed Writ Petition No,2330 of 2001, which was dismissed for non- prosecution, by the Lahore High Court, Lahore, by judgment and decree, dated 1-6-2004. The petitioners moved C.M. Nos.2336 and 2337 of 2004 for restoration of the writ petition. The same were allowed by the High Court, by order, dated 26-5-2005. The order, dated 1-6-2004 of dismissal of the petitioner's writ petition was recalled and the writ petition was restored subject to payment of costs of Rs,5,000. The writ petition came up for hearing on 21-7-2005. On which date the High Court dismissed the Writ Petition No,2330 of 2001 on account of non-compliance of its order, dated 26-5-2005 as the costs of Rs,5, 000 had not been paid.

3. The learned counsel for the petitioner company vehemently argued that no time had been fixed for payment of costs by the petitioners. Therefore, the impugned order dated 21-7-2005 was not sustainable at law.

4. We have heard the learned counsel for the petitioners at some length. We find that even on the date of hearing i,e, 21-7-2005, the costs were not paid nor any request for more time was made by or on behalf of the petitioners for payment of the same. In the circumstances, the High Court was quite justified in dismissing the writ petition of the petitioners. The impugned judgment does not warrant any interference by this Court.

5. For the foregoing reason, we do not find any substance in this petition which is dismissed and leave to appeal is refused accordingly.

Cited by 3 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search