| Case ID |
0364aa0a-914b-4673-8591-6b2cccfa821f |
| Body |
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| Case Number |
Civil Revision No. 2205 of 1985 |
| Decision Date |
Nov 21, 2000 |
| Hearing Date |
Oct 02, 2000 |
| Decision |
The Lahore High Court accepted the revision petition on the basis that the appeal should have been entertained by the District Judge. The court highlighted that the valuation of the suit, which was fixed at Rs. 200, determined the forum of appeal. As the trial court accepted this valuation and did not amend it, the appeal filed before the District Judge was competent. The court noted that the return of the appeal memorandum by the District Judge was erroneous. The High Court emphasized that mistakes committed by the court should not disadvantage the litigants and thus, the appeal was remitted to the lower appellate court for a decision on its merits. This ruling reinforces the principle that procedural errors should not prevent access to justice. |
| Summary |
This case revolves around the procedural intricacies involved in the valuation of a civil suit. The Lahore High Court examined the importance of the valuation set by the plaintiffs and its implications on the jurisdiction of the courts. The court's decision emphasized the need for fairness and accessibility within the judicial process, ensuring that litigants are not penalized for administrative mistakes. The ruling serves as a critical reference for understanding the procedural law under the Civil Procedure Code (V of 1908), particularly in relation to appeals and revisions. This case also highlights the need for legal representatives to be vigilant about jurisdictional issues and the valuation of claims, as these factors are pivotal in determining the course of legal proceedings. The court's acceptance of the revision petition underscores a commitment to justice, aiming to correct procedural missteps that could otherwise hinder the rightful claims of litigants. Overall, the case illustrates the delicate balance between procedural rules and the fundamental right to access the judicial system, reinforcing the idea that administrative errors should not obstruct the path to justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR ALAM KHAN,
SYED ZAHID HUSSAIN
|
| Lawyers |
Ch. Rashid Ahmad,
Ch. Muhammad Anwar Bhinder
|
| Petitioners |
others,
SHAFAQAT IQBAL
|
| Respondents |
another,
GHULAM RASOOL
|
| Citations |
2001 SLD 2654,
2001 PLD 139
|
| Other Citations |
Sadar Din v. Elahi Bakhsh and another PLD 1976 Lah. 1,
Water and Power Development Authority and another v. Messrs Pakistan Associated Construction 1992 CLC 771,
Muhammad Din v. Muhammad Amin PLD 1995 Lah. 15,
Muhammad Aslam and another v. Munshi Muhammad Behram and another 1991 SCMR 1971,
Muhammad Yousaf and 3 others v. Khan Bahadur through Legal Heirs 1992 SCMR 2334,
Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678,
Namdar Khan v. Muhammad Akram Khan and 14 others 1993 SCMR 434
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
96,
115
|