SHAMIM ARA Versus ABDUL QADIR

ORDER

1. GHULAM MUJADDID MIRZA, J .‑‑Mst. Shamim Ara has filed this petition for special leave to appeal against Hafiz Abdul Qadir and another in which she has assailed three orders of the High Court dated 24‑11‑1979, 16‑11‑1980 and 16‑12‑1980 (wrongly mentioned as 18‑12‑1980 in the petition).

2. The High Court accepted the Constitution petition filed by Hafiz Abdul Qadir but it was ex parte against the petitioner. On coming to know of the order of the learned Single Judge, the petitioner applied for setting it aside by moving an application under section 151, Order IX, Rule 13, C.P.C. That application was dismissed. Against that an I.C.A. was filed and a Division Bench of the Lahore High Court dismissed that. Hence this petition.

3. Learned counsel appearing in support of this petition contended that both at the level of the Settlement Authorities and before the High Court, most of the documents had been forged. So far so that a forged order of the Settlement commissioner has been relied upon. He submitted that all this requires a thorough probe.

4. With regard to the absence of the petitioner before the High Court, learned counsel submitted that it was neither deliberate nor due to carelessness on the part of the petitioner but she gave a reasonable explanation which was not accepted by the High Court without any legal justification.

5. The matter needs examination. Leave is granted accordingly. Security Rs.5,000.

6. The appeal to be made ready on the present record.

7. The parties can file additional documents, if any, within two months.

8. M.I./S‑177/S Leave granted.