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MUHAMMAD TUFAIL versus SETTLEMENT COMMISSIONER (LANDS), LAHORE DIVISION, LAHORE


Article 151 with the Constitution of Pakistan (1973) read, Article 199 The dismissal of the writ petition for illegal prosecution, the date of hearing of the absence of the court, the exceptions to the default writ petition. High Court (Lahore) Rules, Volume IV, OVII 8, r 4 and Civil Procedure Code (V 1908), OV, r 17

1981 C L C 1153

[Lahore]

Before Irshad Hassan Khan, J

MUHAMMAD TUFAIL AND ANOTHER‑Petitioners

versus

SETTLEMENT COMMISSIONER (LANDS), LAHORE DIVISION,

LAHORE AND 3 others ‑‑Respondents

Writ Petition No. 766‑8 of 175, heard on 14th June, 1.981.

(o) Evidence Act (1 of 1872)‑‑--

‑‑ S. 114, illus. (f)‑Notice sent by registered post to counsel for fixation of date of hearing of case‑Held, presumption of service attaches to such notice.‑[Counsel and client].

Mon Mohan alias Monomohan Roy Chowdhury v. Ajit Kamal Dutta Gupta P L D 1954 Dacca 168 ref.

(b) Counsel and client‑‑----

‑‑‑‑ Notice of date of hearing of case‑Outsider counsel‑Held, cannot demand, as a matter of right, that he be informed of date of hearing by a letter from High Court.

(c) Civil Procedure Code (V of 1908)‑---

--------S. 151 read with Constitution of Pakistan (1973), Art. 199‑Restora tion of writ petition dismissed for non‑prosecution‑Counsel served with date of hearing not appearing in Court.‑Dismissal of writ petition in default‑Held, not exceptionable‑High Court (Lahore) Rules and Orders, Vol. IV, O. VII‑8, r. 4 and Civil Procedure Code (V of 1908), O. V,. r. 17.

Abdul Lateef v. Jamal Din 1979 S C M R 183 ref.

Sultan Ahmad and another v. Mst. Khurshid Bibi and another 1979 S C M R 455 cited but not examined.

Talaat Farooq Sheikh for Petitioner.

Nemo for Respondents Nos. 1 and 2.

Sh. Abdul Aziz and Rana Muhammad Sarwar Khan for Respondents Nos. 3 and 4.

Date of hearing : 14th June, 1981.

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