Pakistan Case Law← Search
2014 CLC 1004

MUHAMMAD ZAHID vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA and 3

Citation2014 CLC 1004
CourtLahore High Court
Case No.Writ Petition No,33206 of 2013
Date2014-01-09
Judge(s)Atir Mahmood
ResultPetition allowed

ORDER

'ATIR MAHMOOD,J.--- From the very out-set, the learned counsel for the petitioner has contended that the revision petition filed by the petitioner before the revisional court could not have been dismissed A in view of the law laid down by the Hon'ble Supreme Court of Pakistan in a case reported as Muhammad Sadiq v. Mst. Bashiran and 9 others (PLD 2000 Supreme Court 820) which has resulted in grave miscarriage of justice. He has submitted that by accepting this petition, the revision petition pending before the revisional court be restored to its original number and the revisional court be directed to decide the same in accordance with law.

2. Learned counsel for respondent No,2 submits that respondent No,3 is father-in-law of the .Petitioner and respondent No,4 is son of respondent No,3 who is abroad but respondents Nos.3 and 4 are the pro forma respondents and respondent No,2 is a decree-holder: When confronted with the law laid down by the Hon'ble Supreme Court of Pakistan, the learned counsel for respondent No,2 contends that petitioner is deliberately delaying the proceedings before the executing court and the decree dated 21-11-2008 passed by the learned Family Court in favour of respondent No,2 could not be executed due to the revision petition and respondent No,2 is being deprived of the fruits of the decree passed in her favour. However, he has not controverted the above referred law laid down by the Hon'ble Supreme Court and submits that the revisional court below be directed to decide the revision petition expeditiously but within a reasonable given time by this Court.

3. In view of the fair stance taken by learned counsel for respondent No,2, this writ petition is allowed. The orders dated 4-7-2013 whereby the application for restoration of revision petition was dismissed' and the order dated 20-5-2013 whereby the revision petition of the petitioner was dismissed for non prosecution are set aside. Resultantly, the revision petition filed by the present petitioner will deem to be pending before the revisional court who shall decide the same on merits in accordance with law expeditiously but within three weeks from the next date of hearing i,e, 13-1- 2014 which is already fixed before the revisional court. The parties are directed to appear before the revisional court on the above said date. The compliance report be submitted for perusal of this Court.

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