Amjad Mehmood
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IN THE COURT OF MR. AHMD BAKHSH BHAPA, JUDGE BANKING COURT, MULTAN.
Amjad Mehmood etc.
Vs.
Punjab Small Industries Corporation, Multan etc.
Suit for Permanent Injunction. Application for restoration of Suit dismissed in default.
Respectfully Sheweth: 1.
That the above captioned suit along-with another suit titled “Anis-ur-Rehman Vs. S.B.F.C.” was fixed for 7.6.2001.
2.
That the applicants along-with the said Anis-ur-Rehman were present in outer room of the court-room where the reader of the court was dealing with the cases.
3.
That the applicants’ counsel Mr. Zafar Iqbal Khan Advocate did not reach the court when the cases were called for hearing. The applicants along-with Anis-ur-Rehman requested the reader for adjournment of hearing of the case as our applicants’ counsel by that time was not available. Reader of the court accepted the request and adjourned both the cases for 4.7.2001 for arguments. By that time the applicants’ counsel reached the court and both of us told the counsel about the adjourned date i.e. 4.7.2001, who entered this date on his brief and also in hi dieary.
4.
That today the applicant along-with his counsel reached the court. On perusal of the cause list the above captioned case was not there, however, the other case of Anis-ur-Rehman was listed at serial No. 7 on enquiry from Ahlmad, it transpired
that the applicants’ case was dismissed in default on the last date i.e. 7.6.2001. 5.
That it seems that applicants’ presence was not marked by the reader of the court due to some misunderstanding in the rush of work and there is no fault on the part of the applicants.
6.
That the applicants’ precious right is involved and if the applicants’ case is not restored, applicants shall have to bear an irreparable loss.
7.
That present trend of the superior courts is to decide the matters on merits and not to knock out the litigants on technicalities. Wherefore, it is respectfully prayed that the above captioned case may be restored and be fixed for hearing and decided on merits. Affidavit of applicant and that of the counsel is attached herewith. Applicants, Dated: ________ Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
IN THE COURT OF MR. AHMD BAKHSH BHAPA, JUDGE BANKING COURT, MULTAN.
Amjad Mehmood etc.
Vs.
Punjab Small Industries Corporation, Multan etc.
Suit for Permanent Injunction. Application for restoration of Suit dismissed in default.
AFFIDAVIT of: Suhail Mehmood S/o Muhammad Hussain, caste Jagwala Baloch, R/o Tehsil Shujabad, District Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of July 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
Amjad Mehmood etc.
Vs.
Punjab Small Industries Corporation, Multan etc.
Suit for Permanent Injunction. Application for restoration of Suit dismissed in default.
Respectfully Sheweth: 1.
That the above captioned suit along-with another suit titled “Anis-ur-Rehman Vs. S.B.F.C.” was fixed for 7.6.2001.
2.
That the applicants along-with the said Anis-ur-Rehman were present in outer room of the court-room where the reader of the court was dealing with the cases.
3.
That the applicants’ counsel Mr. Zafar Iqbal Khan Advocate did not reach the court when the cases were called for hearing. The applicants along-with Anis-ur-Rehman requested the reader for adjournment of hearing of the case as our applicants’ counsel by that time was not available. Reader of the court accepted the request and adjourned both the cases for 4.7.2001 for arguments. By that time the applicants’ counsel reached the court and both of us told the counsel about the adjourned date i.e. 4.7.2001, who entered this date on his brief and also in hi dieary.
4.
That today the applicant along-with his counsel reached the court. On perusal of the cause list the above captioned case was not there, however, the other case of Anis-ur-Rehman was listed at serial No. 7 on enquiry from Ahlmad, it transpired
that the applicants’ case was dismissed in default on the last date i.e. 7.6.2001. 5.
That it seems that applicants’ presence was not marked by the reader of the court due to some misunderstanding in the rush of work and there is no fault on the part of the applicants.
6.
That the applicants’ precious right is involved and if the applicants’ case is not restored, applicants shall have to bear an irreparable loss.
7.
That present trend of the superior courts is to decide the matters on merits and not to knock out the litigants on technicalities. Wherefore, it is respectfully prayed that the above captioned case may be restored and be fixed for hearing and decided on merits. Affidavit of applicant and that of the counsel is attached herewith. Applicants, Dated: ________ Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
IN THE COURT OF MR. AHMD BAKHSH BHAPA, JUDGE BANKING COURT, MULTAN.
Amjad Mehmood etc.
Vs.
Punjab Small Industries Corporation, Multan etc.
Suit for Permanent Injunction. Application for restoration of Suit dismissed in default.
AFFIDAVIT of: Suhail Mehmood S/o Muhammad Hussain, caste Jagwala Baloch, R/o Tehsil Shujabad, District Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of July 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
