Pakistan Case Law
K.L.R. 2004 S.C. 21

Ghulam Muhammad Alias Shahid Ali vs Mst. Noor Jehan Bibi And Other

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CitationK.L.R. 2004 S.C. 21
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal No. 3621-L and 3924-L of 2001
Date2003-04-21
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultPetitions Disposed of
Summary

The Supreme Court of Pakistan heard petitions seeking leave to appeal against the judgment of the Lahore High Court, Multan Bench, dated 12.11.2001, which had dismissed the petitioner's First Appeal from Order (F.A.O. No. 77 of 2001) and Civil Revision (Civil Revision No. 617 of 2001). The petitioner had been non-suited due to the pendency of multiple related civil suits before the Senior Civil Judge, Multan. During the proceedings before the Supreme Court, learned counsel for the petitioner stated that the petitions would not be pressed if a direction were issued for the expeditious disposal of the pending suits. Finding this request reasonable and genuine, the Supreme Court disposed of both petitions as not pressed and directed the District Judge, Multan, to ensure that the Senior Civil Judge, Multan, decides all three pending suits within six months from the receipt of the order, following a proper opportunity of hearing granted to all parties.

Questions settled in this judgment
  • Can leave to appeal petitions be disposed of as not pressed upon issuing directions for the expeditious decision of pending civil suits?
  • Whether the Supreme Court may direct a subordinate court to conclude multiple pending related civil suits within a stipulated timeframe after providing due opportunity of hearing to the parties?
leave to appealFirst Appeal from OrderCivil Revisiondisposal of suitsnot pressedSenior Civil Judgedirection for expeditious trialhearing opportunity

ORDER

TANVIR AHMED KHAN, J.-- Leave to appeal is sought against the judgment dated 12.11.2001 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed F.A.O. No. 77 of 200I and Civil Revision No. 617 of 2001 filed by the petitioner.

2. Learned counsel for the petitioner has stated that he would not press the above petitions if a direction is made for an early disposal of the suits which are pending in the Court of Senior Civil Judge, Multan. On the basis of the said pendency, the petitioner was non-suited. The suits are as under:-

(1) Suit No. 133/1 filed on 20.6.2001, Ghulam Muhammad v. Noor Jehan, etc.

(2) Suit No. 68/96 filed on 23.4.1996;. Noor Jehan v. Khan Muhammad, etc.

(3) Suit No. 512/96 filed on 21.7.1997, Muhammad Altaf, etc. v. Noor Jehan.

3. The above request appears to be reasonable and genuine. Accordingly, both the above petitions are disposed of as not pressed with a direction to the learned District Judge, Multan, to ensure the disposal of the aforesaid suits pending in the Court of the Senior Civil Judge, Multan, within six months from the date of receipt of this Order. The learned Senior Civil Judge shall decide the suits after providing proper opportunity of hearing to both the sides.

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