Union Culling Knit Garments (Pvt) Ltd and Others vs Habib Bank Ltd – sllr 2004 volume 3 page 128

In the case between Union Culling Knit Garments (Pvt) Ltd and Others and Habib Bank Ltd., the court addressed the issue of whether a defect in the notice of appeal—specifically, the absence of the registered attorney’s signature—constitutes sufficient grounds for dismissal, and whether an application for remedial action under section 759(2) of the Civil Procedure Code could be entertained as an exceptional circumstance warranting revisionary intervention. The appellate process had previously resulted in dismissal of the appeal due to the technical defect, despite arguments that the omission was a mere mistake without prejudice to the opposing party. It was determined that while appellate revisionary jurisdiction is an extraordinary remedy, dismissal on strict technical grounds without cons