UNITED BANK LTD, through Senior VicePresident, Zonal Office, Faisalabad vs MUHAMMAD SALEEM RAZA and 2 others
This matter concerns a civil review petition filed against an order of the Supreme Court of Pakistan dated 10-3-1993, which had dismissed Civil Appeal No. 1263 of 1990. The dismissal was based solely on the fact that a similar case, which had served as the basis for granting leave to appeal, was subsequently withdrawn. The petitioner sought review, arguing that the appeal should have been decided on its merits rather than being dismissed summarily. The petitioner further contended that the Court had granted leave in another related case, 'National Bank of Pakistan v. Punjab Labour Court No. 5, Faisalabad,' which was eventually allowed on merits, reported as 1993 SCMR 672. The Supreme Court accepted this contention, acknowledging that the dismissal of the appeal without addressing the merits was unjustified given the subsequent legal developments. Consequently, the Court set aside its previous order dated 10-3-1993, revived Civil Appeal No. 1263 of 1990, and directed that notice be issued to the respondents for a decision on the merits of the case.
- Can a civil appeal be dismissed solely because a similar case used as a precedent for granting leave was withdrawn?
- Is a party entitled to a decision on the merits of an appeal if the grounds for summary dismissal are shown to be erroneous?
- Does the Supreme Court have the authority to revive an appeal that was dismissed without consideration of its merits?
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 The said matter, we further observe, has been dismissed as withdrawn."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.