| Case ID |
04e594e6-4e40-4a55-a837-d3f96b3a7583 |
| Body |
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| Case Number |
Civil Revision Petition No. 186-M of 2018 |
| Decision Date |
May 02, 2019 |
| Hearing Date |
|
| Decision |
The revision petition was accepted, and the previous judgments and decrees of the lower courts were set aside. The matter was remanded to the Trial Court for a fresh decision in accordance with the law. The courts had dismissed the earlier suit due to non-prosecution, but the current suit was found to not be barred under the relevant provisions. The judges held that the previous courts did not correctly appreciate the legal implications of the representative suit's dismissal. |
| Summary |
In the case concerning Civil Revision Petition No. 186-M of 2018, the Peshawar High Court addressed the dismissal of a representative suit filed by Ghulam Qadar and others against the Patwari Halqa Muza Dagai Khuda Khel Buner. The court ruled on the implications of Order IX, Rule 9 of the Civil Procedure Code, which prohibits filing a fresh suit on the same cause of action after a suit has been dismissed for non-prosecution. The judges emphasized that the previous courts failed to consider the specifics of the current petitioners' rights to file a suit in representative capacity and the necessity for court permission under Order I, Rule 8 of the CPC. The ruling underscores the importance of judicial scrutiny regarding representative suits and the procedural requirements for such filings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Habib-ur-Haq,
Mian Fahim Akbar
|
| Petitioners |
GHULAM QADAR AND OTHERS
|
| Respondents |
PATWARI HALQA MUZA DAGAI KHUDA KHEL BUNER AND OTHERS
|
| Citations |
2019 SLD 2982,
2019 CLC 1992
|
| Other Citations |
N.E.D University of Engineering and Technology v. Tariq Ali and 2 others PLD 1993 Kar. 626,
Datari Construction Co. (Pvt.) Ltd. v. A. Razak Adamjee and others 1995 CLC 846,
All Residents through representatives v. Muhammad Ali and 13 others 2010 CLC 1402,
Abdul Rauf Shah v. Abdul Qaiyum Shah and 2 others 2016 YLR 2423,
Mst. Shamim Akhtar and 4 others v. Mohammad Ashraf and 8 others 2016 MLD 454,
Ajmal Khan v. Mst. Gul Zahira Bibi through legal heirs and 4 others 2016 MLD 1394,
Adam Khan v. Gulla Mir and others PLD 1982 SC 120,
Raja Ali Shan v. Messrs Essem Hotel Limited and others 2007 SCMR 741
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.I,
VII,
IX,
R.8,
R.9,
R.11
|