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. A& B
5 Stay application.
6 Affidavit.
7 Power of attorney.

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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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