RASHEED HUSSAIN MALIK and another Civil Petition No,422-K of 2005 Civil
This matter concerns a civil petition for leave to appeal before the Supreme Court of Pakistan. The core legal question presented for examination is whether a revision petition that has been dismissed in default can be restored, and if so, whether the provisions of Article 181 of the Limitation Act 1908 would be applicable to such proceedings. Counsel for the respondent did not oppose the request for leave to appeal, noting that the Court had previously granted leave in similar matters to address the same legal questions. Consequently, the Supreme Court granted leave to appeal in the present petitions. The Court further directed that these appeals be clubbed with other pending appeals arising from Civil Petitions Nos. 83, 84, and 1499 of 2005 to ensure consistency in adjudication. Additionally, the Court issued notice on the associated Civil Miscellaneous Application and ordered the suspension of proceedings before the High Court pending the outcome of the appeals. The decision establishes the procedural path for addressing the restoration of revision petitions dismissed in default.
- Can a revision petition that has been dismissed in default be restored?
- Does Article 181 of the Limitation Act 1908 apply to the restoration of a revision petition dismissed in default?
- Article 181, Limitation Act 1908
ORDER
' SAIYED SAEED ASHHAD, J.--- Rana M. Shamim Advocate Supreme Court for respondent No,1 requests for adjournment on the ground that for the last 3 to 4 days he is not feeling well and could not prepare brief.
2. Mr. Aziz A. Munshi while not opposing the adjournment drew our attention to the case of Muhammad Yousaf and others v. Mst. Najma Bibi and others PLD 2006 SC 512 wherein a Bench of this Court on similar facts and circumstances granted leave to appeal to examine the question whether a revision petition dismissed in default can be restored and in suit eventuality whether the provisions contained in Article 181 of the Limitation Act would be applicable and requested that leave to appeal may also be granted in these petitions and the same may be ordered to be clubbed with appeals arising out of Civil Petitions Nos.83, 84 and 1499 of 2005.
3. Rana M. Shamim has no objection to the grant of leave.
4. Accordingly leave to appeal is granted in these petitions. The office is directed to club the appeals arising out of these petitions with the appeals which have arisen out of Civil Petitions Nos.83, 84 and 1499 of 2005 referred to above.
C.M.A. No,41-K of 2005. Notice to respondents. Till then proceedings before the High Court shall remain suspended.
Cited by 2 cases
- GHULAM QADIR and others vs Sh. ABDUL WADOOD and others 2016 PLD Supreme Court 712
- (1) Ghulam Qadir, etc. (in C.A. 510/2012) (2) Ayas Khan. (in C.A. 934/2012) 2016 SCP 30