| Case ID |
00d2fffe-23ea-4337-a954-aef2811cf320 |
| Body |
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| Case Number |
Civil Revision No. 21 of 2010 |
| Decision Date |
Dec 02, 2010 |
| Hearing Date |
Dec 02, 2010 |
| Decision |
The court found that the ex parte decree passed against the petitioner was invalid as it was issued on a date that was not fixed for hearing the suit. The trial court's refusal to set aside the ex parte decree was deemed erroneous since the inherent jurisdiction under Section 151 of the Civil Procedure Code could have been invoked to ensure justice. The case was remitted to the trial court for a proper hearing. The petitioner was ordered to pay costs due to the irresponsible handling of the case. |
| Summary |
This case revolves around the Civil Revision No. 21 of 2010, where the petitioner, Sher Wali Khan, contested an ex parte decree issued against him in a suit for recovery of dower, dowry articles, and maintenance. The decision emphasized the importance of adhering to procedural rules, specifically regarding dates fixed for hearing. The court ruled that an ex parte decree cannot be validly issued if the hearing did not occur on a designated date. The ruling is significant for legal practitioners focused on family law and procedural justice, highlighting the necessity for defendants to be present at hearings and the mechanisms available to contest unfair rulings. Keywords such as 'Civil Procedure Code', 'ex parte decree', 'Limitation Act', 'family law', and 'justice' are integral to understanding the implications of this decision. |
| Court |
Unknown Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAFFAR ALI, J
|
| Lawyers |
Khanjer Baig,
Muhammad Nadir,
Attaullah Khan
|
| Petitioners |
SHER WALI KHAN
|
| Respondents |
Mst. KHOSH BEGUM
|
| Citations |
2011 SLD 567,
2011 CLC 421
|
| Other Citations |
1992 SCMR 707,
2006 SCMR 789,
1993 CLC 660,
PLD 1975 SC 678,
1973 SCMR 103,
PLD 1964 SC 97,
2009 CLC 351,
PLD 1990 SC 813,
1985 SCMR 1228,
PLD 1981 SC 21,
1989 CLC 825,
1987 CLC 1858,
PLD 1991 SC 1104,
1987 SCMR 733
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
O.IX,R.13,
O.IX,R.6,
S.151,
O.IX,R.9(1),
164,
181
|