| Case ID |
0290fd2b-772d-4a96-9286-dc337aaecd18 |
| Body |
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| Case Number |
Regular Second Appeal No. 10 of 1997 |
| Decision Date |
Jul 07, 1997 |
| Hearing Date |
|
| Decision |
The appeal filed by Muhammad Habib against the judgment and decree dated 21-6-1997 was dismissed due to being time-barred. The court emphasized that the plaintiff's claim of needing time to obtain copies of the decree was unfounded, as he did not apply for the necessary copies in a timely manner after the initial judgment on 28-9-1996. The Appellate Court also ruled that the appeal was dismissed not only for being late but also for failure to pay the required court fees, which were inadequately submitted. The court upheld that the appeal was not maintainable under the provisions of the Civil Procedure Code. |
| Summary |
In this case, the Lahore High Court addressed the appeal filed by Muhammad Habib against the dismissal of his suit for specific performance of a contract regarding land. The court focused on procedural aspects, particularly the timeliness of the appeal and the payment of court fees. The decision highlighted the importance of adhering to procedural rules under the Civil Procedure Code, emphasizing that negligence in applying for necessary documentation can lead to dismissal of appeals. The court's ruling reinforced that extensions for appeal timelines are typically granted only when parties are not at fault for delays. The case underscores the critical nature of timely actions in legal proceedings and the implications of procedural missteps on the outcome of civil suits. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMAD NAWAZ MALIK, J
|
| Lawyers |
Rana Taj Muhammad Khan
|
| Petitioners |
MUHAMMAD HABIB
|
| Respondents |
MUHAMMAD SIDDIQUE,
16 others
|
| Citations |
1998 SLD 1246,
1998 CLC 417
|
| Other Citations |
Jagat Dhish Bhargava v. Jawahar Lal Bhargava and others AIR 1961 S( 832,
Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Court Fees Act (VII of 1870)
|
| Sections |
OXLI, R.1,
S.5,
S.12,
S.12,
S.7(x)(a)
|