M. Yaqoob (c.r

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No.____________/2002 Muhammad Yaqoob Mirza

Vs

Mst. Muniran Bibi, etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Revision Petition

3

Affidavit

4

Copy of plaint and order sheet.

5

Stay application.

6

Affidavit.

7

Power of attorney.

A& B

PETITIONER, Dated: __________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No.____________/2002

Muhammad Yaqoob Mirza S/o Abdur Raheem, R/o near Jame Masjid Maulvi Mehmood Wali, Layyah city. ……PETITIONER

VERSUS 1.

Mst. Muniran Bibi daughter of Fazal Muhammad, W/o Abdul Hakeem, caste Arain.

2.

Ch. Abdul Hakeem S/o Abdul Aziz, caste Arain (and General Power of Attorney for respondent No. 1) in person. Both residents of Mohallah Hafiz Abad, Layyah city.

3.

Zia Shahid (Chief Editor),

R/o Daily

4.

Adnan Shahid (Editor),

Khabrain, Nawan

5.

Mian Ghaffar (Resident Editor)

Shaher, Multan.

6.

Printers & Publishers.

7.

Sayyed Arif Moeen Balley, Editor,

Daily

8.

Ch. Muhammad Younus Ali, Chief Editor

Naya Daur,

Printers & Publishers.

Multan. …RESPONDENTS

REVISION PETITION U/s 115 C.P.C. against the order dated 22.5.02 passed by Mr. M. Inayat Gondal, the learned Senior Civil Judge, Layyah, by which the right of defence of the petitioner was struck off.

CLAIM IN REVISION: To set aside the impugned order and petitioners may please be provided an opportunity to file the written statement.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the respondents No. 1 & 2 filed a recovery suit titled “Mst. Muniran Bibi Vs. Yaqoob Mirza etc.”

amounting to

Rs. 100,00,000/- against the respondents No. 3 to 8 along-with petitioner taking a plea of defamation on the bases of some news items published in daily “Khabrain” and daily “NAYA DAUR” respectively published from Multan station. 3. That the suit was filed on 6.9.01 and the petitioner along-with the respondents No. 3 to 8 (defendants No. 1 to 7 in the original suit) was summoned for 6.10.01. On the said date no defendant was served and the next date was fixed as 6.12.01 On this date the case was transferred from the court of Duty Judge Layyah to the court of Senior Civil Judge, Layyah and Sh. Abdul Rauf filed Wakalat Nama for the petitioner, the remaining defendants were proceeded ex-parte; and the next date was fixed as 23.2.02 for filing of written statement. On the same date, it was a holiday in connection with Eid-ul-Zuha and the file of the case was placed on 25.2.02. On this date, the petitioner was given last opportunity for filing of written statement on 1.4.02. On this date, no written statement was filed and the case was fixed for 7.5.02. On 7.5.02 the case was again adjourned for 22.5.02 and on the said date the impugned order was passed against the petitioner. Copy of plaint and order sheet are available as Annexes “A & B”. 4. That the order dated 22.5.02 is liable to be set aside inter-alia on the following: GROUNDS

i)

That the impugned order is against the natural justice and law of equity.

ii)

That the impugned order is against the law and facts of the case.

iii)

That the learned trial court has failed to exercise its jurisdiction so vested in the aid of law.

iv)

That the learned trial court has acted in exercise of its jurisdiction illegally and unlawfully.

v)

That on 7.5.02 there was no order for the last opportunity, so on 22.5.02 by striking off the defence of the petitioner/defendant, the learned trial court has committed a material irregularity.

vi)

That the Hon’ble High Court and Hon’ble Supreme Court always deprecated to non-suit a party on the technicalities, rather the cases decided on merit are appreciated.

vii)

That the petitioner is entitled for an equitable relief on the basis of maxim “Audi Alterm Partem”.

viii)

That the case is still on the preliminary stage and no prejudice shall be caused to other side by giving opportunity for filing written statement to the petitioner.

ix)

That it is matter of precious rights of the petitioner and the impugned order caused a great miscarriage to the petitioner. In view of the above submissions, it is respectfully prayed that the order dated 22.5.02 may please be set aside and the petitioner may please be awarded an opportunity to file the written statement.

Any other direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Petitioner, Dated: ________ Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, this is the first revision petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No.____________/2002 Muhammad Yaqoob Mirza

Vs

Mst. Muniran Bibi, etc.

AFFIDAVIT of: Muhammad Yaqoob Mirza S/o Abdur Raheem, R/o near Jame Masjid Maulvi Mehmood Wali, Layyah city.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled revision petition 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 June 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.M. No. _________/2002 In C.R. No.__________/2002

Muhammad Yaqoob Mirza

Vs

Mst. Muniran Bibi, etc.

Application U/s-151 read with Order 41, R-5 C.P.C.

Respectfully Sheweth: 1.

That the contents of Civil Revision may please be treated as part & parcel of this application.

2.

That the matter in dispute is a money matter, having precious rights of the applicant vested in.

3.

That the applicant will face irreparable loss if the interim relief is not granted.

4.

That the balance of convenience and balance of justice is in favour of applicant, because the decision of the cases on the bases of technicalities are deprecated by the Hon’ble Supreme Court.

5.

That the applicant has a prima facie arguable case in his favour as no one shall be condemned unheard.

6.

That the case is still on the initial stages and right of any party shall not be prejudiced. In view of the above humble submissions, it is prayed that proceeding in the trail court may please be stayed/the operation of impugned order may please be suspended till the final disposal of the main petition. Any other relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Applicant,

Dated: ________ Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.M. No. _________/2002 In C.R. No.__________/2002 Muhammad Yaqoob Mirza

Vs

Mst. Muniran Bibi, etc.

AFFIDAVIT of: Muhammad Yaqoob Mirza S/o Abdur Raheem, R/o near Jame Masjid Maulvi Mehmood Wali, Layyah city.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT