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Civil Revision No. 587 of 1973, decided on 16th September 1980.
---O. XLI, r. 19 read with Ss. 151 & S. 115‑Dismissssal of application for restoration of proceedings‑Revision‑Rules/Regulations‑Procedures of justice of Courts, held, intended to secure proper administration of justice and subordinate to such purpose ‑Court hence should lean in favour adjudication on merits rather than stifling proceedings on technicalities.
The Thal Engineering Industries Ltd. v. The Bank of Bahawalpur Ltd. 1979 S C M R 32; Municipal Committee, Rawalpindi v. Raja Mead Sarwar Khan 1968 S C M R 817 and Maulvi Abdul Qasim v. Haji Abdul Razaq P L D 1957 Lah. 204 ref.
----O. XLI, r. 19 read with Ss. 151 & 11.5‑Rendition of justice an act of grace on part ‑ of Court but a solemn duty enjoined upon it‑‑Appeal once admitted to hearing, District Judge default in dispose of matter on merits and not on short ground appearance‑No justification, held, for not deciding an appeal on merits in favour of party committing default in appearance when appeal calls for decision in his favour on basis of evidence and other material already existing on record‑Revision accepted and case remanded to District Judge for decision on merits.‑[Appeal (civil)].
Manzoor Ahmad Bhatti v. Road Transport Corporation P L D 1973 Lah 659; Bibi Gurdevi v. Ch. Muhammad Bakhsh and others A I R 1943 Lah. 65, S. Zafar Ahmad v. Abdul Khaliq P L D 1964 Kar. 149; Ch. Ahmad Din v. Australasia Bank Ltd., Bhalwal 1971 S C M R 507; Bahadur Shah v. Sharaf etc. P L D 1973 Lah. 513 and Muhammad Akram v. Muhammad Aslam P L D 1979 Lah. 782 rel.
T. II. Gillani for Petitioners.
Nemo for Respondent.
Date of hearing : 16th September 1980.
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