| Case ID |
045bc05d-0010-4227-be30-f4036ae098cc |
| Body |
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| Case Number |
Regular First Appeal No. 26 of 2001 |
| Decision Date |
Jun 30, 2010 |
| Hearing Date |
|
| Decision |
The appeal was dismissed by the Lahore High Court as the application for setting aside the ex parte decree was time-barred. The Court found that the appellant had not complied with the conditions set by the trial court and failed to provide the necessary bank guarantee within the stipulated time frame. The arguments presented by the appellant, claiming a misunderstanding regarding the hearing dates, were insufficient to warrant overturning the trial court's decision. The High Court upheld the trial court's ruling that the appellant had been granted conditional leave to defend but had not adhered to the requirements, leading to the ex parte decree being valid and enforceable. |
| Summary |
In the case of Regular First Appeal No. 26 of 2001, the Lahore High Court addressed the appeal filed by Messrs PIL Company (PVT.) Ltd. against an ex parte decree issued by the trial court for recovery of a sum of Rs. 3,21,595, based on a cheque that was returned by the appellant's bank. The appellant had been granted conditional leave to defend, requiring the provision of a bank guarantee within 15 days. However, the appellant did not comply with this condition, resulting in the passing of the ex parte decree. The appeal was subsequently dismissed as the application to set aside the decree was filed beyond the permissible time limit, thus affirming the trial court's decision. This case highlights the importance of adherence to procedural requirements in civil litigation, particularly in summary proceedings under the Civil Procedure Code. Key terms include 'ex parte decree', 'conditional leave', and 'bank guarantee', which are essential for understanding the legal implications of the case. The ruling serves as a precedent for similar cases involving non-compliance with court orders and the significance of timely legal action. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR SAEED SHEIKH,
MAMOON RASHID SHEIKH
|
| Lawyers |
Khawar Ikram Bhatti
|
| Petitioners |
Messrs PIL COMPANY (PVT.) LTD.
|
| Respondents |
ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE
|
| Citations |
2010 SLD 301,
2010 PLD 466
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
IX,R.13,O.XXXVII,Rr.1,2,3(1),148,151
|