AHBAB COOPERATIVE HOUSING SOCIETY LTD. LAHORE vs NAZIR AHMED and 11
This matter arises from a petition seeking leave to appeal against the order of the Lahore High Court dated 6-8-1995, which dismissed a writ petition for non-prosecution during the summer vacations, and a subsequent order dated 2-9-1998 restoring the said writ petition upon an application by the respondents. The core legal question concerns the propriety of dismissing a writ petition for non-prosecution during summer vacations without the consent of the parties or their advocates, and its subsequent restoration. The Supreme Court of Pakistan held that civil matters during summer vacations can only be heard with the consent of the parties or their advocates, thereby upholding the restoration of the writ petition by the High Court. The petition for leave to appeal was accordingly dismissed, affirming the principle regarding the hearing of civil matters during court vacations.
- Can civil matters be heard during summer vacations without the consent of the parties or their advocates?
- Whether a writ petition dismissed for non-prosecution during summer vacations can be legally restored?
- Is a party entitled to restoration of a matter dismissed in their absence during court vacations?
ORDER
' SH. RIAZ AHMED, J.---The facts in brief giving rise to the institution of this petition seeking leave to appeal against the order of the learned Judge of the Lahore High Court dated 6-8-1995 are as under:-- ' The petitioner, a cooperative housing society moved the authorities concerned for the acquisition of land owned by Nazir Ahmed and 11 others. The said acquisition was challenged by way of W.P.
No,4665 of 1978. The Lahore High Court also stayed the acquisition proceedings. During the long summer vacations in 1995 the writ petition was fixed for hearing, but none appeared on behalf of the petitioner, and therefore, on 6-8-1995, the same was dismissed for non-prosecution. Strangely enough, the petitioner society also remained unaware and it seems it did not take any step towards the fulfilment of its object, i.e, acquisition of land and installation of a housing society. On 2-9-1998 the respondents, on having come to know about the dismissal of the writ petition, moved an application for its restoration. Vide orders impugned the writ petition was restored on its original number on the ground that the same had been dismissed during the vacation. The petitioner society has assailed the said order.
2. We have heard the learned counsel at length. We subscribe to the view of the matter taken by the learned Judge of the Lahore High Court inasmuch as it is well-known that during the summer vacation civil matters can only be heard with the consent of the parties or their Advocates. In this view of the matter, we do not find any merit in this petition, and therefore, the same is hereby dismissed and leave to appeal is refused.