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1991 CLC 1374

Haji ABDUL RAZAQ and others vs MUHAMMAD ISHAQ and others

Citation1991 CLC 1374
CourtLahore High Court
Case No.Writ Petition No,5923 of 1989
Date1990-03-17
Judge(s)Muhammad Arif
ResultCase remanded

1. ' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 assails the judgment and decree dated 10-4-1989 of the Board of Arbitrators of Market Committee, Pindi Bhattian District Gujranwala directing the petitioners to pay a sum of Rs,1,73,377 to respondent No,l.

2. This decree has been challenged inter alia on the ground that as the liability to pay the amount in question was that of the son of the first petitioner, namely, Humayun, no decree could be passed against the petitioners. It is also averred that due to unavoidable circumstances namely the arrest of the petitioners in criminal cases, they could not appear before respondent No,2 and were proceeded against ex parte and the ex parte proceedings were liable to be set aside.

3. ' In the written statement filed by the contesting respondent No,1 it has been stated that it would be appropriate in the circumstances of the case to remand it to respondent No,2 for decision afresh.

4. This concession on the part of respondent No,1 has been reiterated by his learned counsel during the hearing of this petition.

3. In view of what has been stated above, this petition is allowed. The order dated 10-4-1989 is declared to have been passed without lawful authority and of no legal effect. The case is remanded to respondent No,2 for decision afresh after hearing the parties. There shall be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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