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1989 SCMR 1276

PROVINCE OF PUNJAB vs Messrs Syed SHAFIQUE AHMAD

Citation1989 SCMR 1276
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1049 of 1985
Date1989-03-29
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--The main questions involved in this case relate to:

(i) the dismissal of petitioner's F.A.O. By the High Court for nonappearance of the learned counsel, for the petitioner, on time as earlier fixed;

(ii) the refusal by the High Court to restore the appeal on the ground that; ' despite counsel's statement/explanation not having been found false, I there was no sufficient cause in that behalf; and

(iii) whether the mistake in estimate of timings by the counsel when I appearing in the same Court (other Bench) was a good cause or not.

2. ' C.P. 520/84 (decided on 22-2-1989), C.P. 892/84 (decided on 18-3-1989); and C.P. 675/85 (decided on 27-3-1989); as also, Babu Jan Muhammad and others v. Dr. Abdul Ghafoor and others PLD 1966 SC 461 and Salamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan PLD 1966 SC 467 have decided similar points. They, prima facie, support the petitioner's case.

3. ' We consider it just and proper to grant leave to appeal. Order accordingly.

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