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1994 SCMR 1795

UNITED BANK LTD, through Senior VicePresident, Zonal Office, Faisalabad vs

Citation1994 SCMR 1795
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No, 48 of 1993 Civil Appeal No, 1263 of 1990 Civil Appeal
Date1993-11-22
Judge(s)Fazal Ilahi Khan, Nasim Hasan Shah, Manzoor Hussain Sial
ResultReview accepted.

ORDER

' NASIM HASAN SHAH, C.J.---This petition seeks review of this Court's dated 10-3-1993 whereby Civil Appeal No, 1263 of 1990 was dismissed.

2. In its order dated 10-3-1993 it was said, "we observe that leave to appeal was granted in this case observing that in a similar case namely Civil Petition for Special Leave to Appeal No, 900 of 1988 titled "Circle Executive United Bank Ltd. v. Alam Zeb and others" leave had already been granted to consider the same question. The said matter, we further observe, has been dismissed as withdrawn." Accordingly the appeal in the present case was also dismissed without entering into the merits of the case.

3. In support of this petition for review it is submitted that the appeal should have been disposed of on merits and not on the short ground relied on for dismissing it. Learned counsel submits that this Court, on the basis of the order passed in C.P.S.LA. No, 900 of 1988 titled "Circle Executive United Bank Ltd. v. Alam Zeb and others" had granted leave in yet another case titled "National Bank of Pakistan v Punjab Labour Court No, 5, Faisalabad and in that case the appeal has been allowed (judgment therein is reported as 1993 SCM R 672). The dismissal of the appeal in this case was accordingly not justified. This contention, we think, is correct and merits to be accepted.

' Accordingly the order dated 10-3-1993 passed in Civil Appeal No, 1263 of 1990 shall stand reviewed and is set aside.

4. The result is that appeal CA. No, 1263 of 1990 will stand revived for decision on merits. Notice in the appeal shall issue to the respondents.

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