Soofi DILAWAR HUSSAIN CHISHTI vs MUHAMMAD AFZAL
This is a petition for leave to appeal directed against the order of the Lahore High Court dated 8-7-1987, whereby the petitioner's Regular First Appeal against a summary decree in a suit under Order XXXVII of the Code of Civil Procedure 1908 was summarily dismissed by a learned Single Judge in chambers. The core legal question was whether a Regular First Appeal could be dismissed summarily in chambers contrary to established precedent. The Supreme Court accepted the contention, relying on its prior ruling in Abid Hussain v. Mst. Afsar Jehan Begum and another (PLD 1973 SC 1), converted the petition into an appeal, allowed the same, and remanded the matter to the High Court for a fresh decision in accordance with the law. The key principle laid down is that Regular First Appeals must be heard and decided in accordance with the prescribed legal procedure and cannot be summarily dismissed in chambers when binding precedent dictates otherwise.
- Whether a Regular First Appeal can be dismissed summarily by a judge in chambers?
- Can a suit based on a promissory note be decreed under Order XXXVII of the Code of Civil Procedure 1908?
- Order XXXVII, Code of Civil Procedure 1908
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of learned Single Judge of the Lahore High Court, dated 8-7-1987.
2. A suit under Order XXXVII of the Code of Civil Procedure was brought by Muhammad Afzal respondent in the Court of the Additional District Judge, Jhang, for payment of a sum of Rs 2-{,000 against the promissory note dated 20-7-1985. The suit was resisted and as a result of the pleadings four issues were framed and the learned trial Court after recording the evidence decreed the suit in favour of the respondent on 14-4-1987. This decree was challenged by the petitioner in Regular First Appeal but the same was summarily dismissed vide order dated 8-7-1987.
3. Notice in this petition was given to the respondent but none has appeared.
4. We have heard the learned counsel for the petitioner. He has reiterated the arguments raised by him at the petition stage and submitted that in view of the law laid down by this Court in the case Abid Hussain v. Mst. Afsar Jehan Begum and another (PLD 1973 SC 1) the Regular First Appeal filed by the petitioner could not be dismissed by the learned Judge in his Chambers. This submission in view of the law laid down by this Court must succeed. We, therefore, convert this petition into appeal and allow the same and remand the case to the High Court for decision afresh according to law. 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.