| Case ID |
00202ecc-08b6-4440-bcb5-9e200b0933db |
| Body |
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| Case Number |
Writ Petition No. 4939 of 2016 |
| Decision Date |
Oct 26, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided over by Justices Mamoon Rashid Sheikh and Muhammad Awais, addressed a constitutional petition challenging the order dated 04-02-2016 from the executing Court regarding the execution of a judgment and decree for recovery of a significant amount. The petitioner contested the legality of the order, asserting that it was issued without proper adherence to mandatory legal provisions, specifically lacking a show cause notice prior to his commitment to prison. The Court found that the petitioner had not exhausted the appeal remedy available under Section 104 of the Civil Procedure Code. However, in the interest of justice, the Court converted the constitutional petition into an appeal, allowing the petitioner to present his case on merits to the appropriate lower court. The judgment emphasized the importance of procedural compliance and the availability of legal remedies, ultimately directing that the appeal be processed expeditiously. |
| Summary |
In the significant case of Writ Petition No. 4939 of 2016, the Lahore High Court examined the procedural integrity of an order that had sentenced the petitioner to prison for failing to comply with a financial decree. The petitioner argued that the executing Court had neglected to issue a necessary show cause notice, which is a crucial procedural safeguard under the Civil Procedure Code. This case highlights the balance between enforcement of decrees and the legal rights of individuals, emphasizing the necessity for courts to adhere strictly to procedural laws. The decision to transform the constitutional petition into an appeal reflects a commitment to ensuring that justice is served and that all parties have access to a fair hearing. Legal representatives and parties involved must be aware of the implications of procedural lapses and the importance of following due process in judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MAMOON RASHID SHEIKH,
MUHAMMAD AWAIS
|
| Lawyers |
Syed Waqar Hussain Naqvi for Petitioner,
Muhammad Mahmood Khan, Deputy Attorney-General for Pakistan
|
| Petitioners |
|
| Respondents |
ISLAMIC REPUBLIC OF PAKISTAN AND ANOTHER
|
| Citations |
2017 SLD 2300,
2017 CLC 375
|
| Other Citations |
Mehboob Alam v. Federation of Pakistan through Secretary Finance and 2 others 2003 CLC 1705,
Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290,
Pakistan through Military Estates Officer, Military Estate Office, Rawalpindi v. Abdul Aziz and another 2001 CLC 1086,
Abdul Basit Zahid v. Modaraba Al-Tijarah through Chief Executive and 2 others PLD 2000 Kar. 322
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
47,
104,
199
|