| Case ID |
009cca8a-5446-48ab-9424-63626819d7d0 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Lahore High Court dismissed the writ petition, indicating that the order dated 26-9-2012 from the Additional District Judge was not without jurisdiction nor void. The court emphasized that procedural irregularities, such as the failure to record evidence as per the National Judicial Policy, did not cause prejudice to the parties involved. The court also highlighted that the petitioner had knowledge of the order yet failed to challenge it within the stipulated time frame, which barred the opportunity for a writ. The court reiterated the importance of avoiding unnecessary technicalities that could hinder the due process of law. |
| Summary |
In this case, the Lahore High Court deliberated on the procedural aspects of evidence recording as per the Civil Procedure Code and the implications of the National Judicial Policy. The court reviewed the actions of the trial court and the appellate court, determining that the procedures followed were not prejudicial to the parties involved. It stressed that the objective of procedural law is to facilitate justice rather than obstruct it. The court also addressed the timing of the petitioner's challenge to the Additional District Judge's order, concluding that a significant delay in raising objections undermined the petitioner's position. This decision underscores the balance between adherence to procedural rules and the substantive rights of the parties, aligning with contemporary discussions on judicial efficiency and access to justice. The ruling serves as a reminder of the judiciary's commitment to ensuring that legal technicalities do not obstruct the fair administration of justice. |
| Court |
Lahore High Court
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| Entities Involved |
Not available
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| Judges |
SHEZADA MAZHAR, J
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| Lawyers |
Sh. Zamir Hussain for Petitioner,
Muhammad Hussain Chaudhry for Respondents
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| Petitioners |
LIAQUAT ALI
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| Respondents |
Sh. Zamir Hussain,
Muhammad Hussain Chaudhry
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| Citations |
2014 SLD 2010,
2014 CLC 112
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| Other Citations |
Muhammad Ramzan v. Muhammad Jahangir and another 2012 CLC 844,
Noor and others v. Mst. Sattan through Legal Representatives and others PLD 2013 Lah. 30,
Muhammad Maqsood Shah Ansari v. District Returning Officer, Kasur and others PLD 2009 SC 28,
Mst. Salim-un-Nisa widow and 5 others v. Aziz and another 2009 CLC 860,
Abdul Majeed v. Noor Muhammad and 2 others PLD 2006 Lah. 649,
Bahadur Ali v. Syed Ghulam Sabir Gillani 1990 MLD 588
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| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan
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| Sections |
O. XVIII, R. 8,
Art. 199
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