HABIBULLAH vs NAFEES AHMAD and 3 others
This matter concerns a petition for leave to appeal filed by the plaintiff against an order of the High Court. The underlying dispute originated in a suit for declaration, which was initially decreed in the petitioner's favour by the trial court. Subsequently, the respondents' appeal against this decree was dismissed by the District Court for non-prosecution, and the District Court further refused to restore the appeal. The respondents then challenged this refusal before the High Court, which accepted their appeal. The core legal question before the Supreme Court was whether the High Court acted within its jurisdiction and in accordance with legal principles when it accepted the respondents' appeal against the order refusing to restore their original appeal. Upon review, the Supreme Court held that the High Court acted within its jurisdiction and committed no error of law or principle in its decision to accept the appeal on merits. Consequently, the Supreme Court refused to grant leave to appeal, affirming the High Court's authority to adjudicate the matter on its merits.
- Does the High Court have the jurisdiction to accept an appeal against an order of a District Court refusing to restore an appeal dismissed for non-prosecution?
- Can the High Court decide an appeal on its merits after the lower appellate court has dismissed the appeal for non-prosecution?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side in a suit for declaration; against the acceptance by the High Court, of respondents/defendants' appeal after refusal by the 1st Appeal Court to set aside the order of dismissal of their appeal for non- prosecution.
2. ' The suit was decreed by the trial Court in petitioner's favour. Respondents' appeal was dismissed by the District Court for non-prosecution. It was not restored by that Court. The High Court, however, accepted the respondents' First Appeal against order (refusing to restore). Therefore, this plaintiff's petition for leave to appeal.
3. ' We have heard the learned counsel at a considerable length. He has also taken us through the relevant record.
4. After carefully examining all the points we are satisfied that while deciding first appeal, on merits, against the petitioner, the High Court was not only within its jurisdiction to do so but has also committed no error of law or principle. Leave to appeal is, therefore, refused.