| Case ID |
059e95a2-e13f-46b6-a7e5-c8b1473976ea |
| Body |
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| Case Number |
Civil Revision No.192 of 2014 |
| Decision Date |
Feb 13, 2023 |
| Hearing Date |
Feb 13, 2023 |
| Decision |
The Lahore High Court partly allowed the revision petition against the decision of the trial court. The court determined that the decree in question was obtained through fraud and that the trial court had erred in dismissing the application as time-barred without adequately addressing the claims of fraud. The appellate court's direction for the trial court to frame issues and record evidence was deemed unwarranted by law as it was not mandatory for every case under Section 12(2) of the Civil Procedure Code. The trial court was directed to proceed with the application in accordance with the law, prioritizing expediency in adjudication. |
| Summary |
This case involves a civil revision petition concerning a decree that was challenged on grounds of fraud and misrepresentation. The petitioners, representing a deceased individual through legal representatives, argued that the trial court's dismissal of their suit as time-barred was erroneous. The appellate court had allowed their appeal, remanding the case for further proceedings. The Lahore High Court emphasized the importance of justice and the need to address matters of fraud appropriately, indicating that procedural laws should not hinder the pursuit of justice. The decision highlights the court's stance on the necessity of framing issues only when required, ultimately reinforcing the principle that courts should lean towards adjudication on merit rather than procedural technicalities. This case is significant in understanding the application of the Civil Procedure Code and the Limitation Act in instances of alleged fraud, setting a precedent for future cases where procedural challenges may arise in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Raheel Kamran
|
| Lawyers |
Barrister Haris Azmat,
Umer Hameed Khan
|
| Petitioners |
MUHAMMAD SHAREEF (DECEASED) through LRs and others
|
| Respondents |
MUHAMMAD RAMZAN (DECEASED) through LRs and others
|
| Citations |
2023 CLC 782,
2023 SLD 1473
|
| Other Citations |
1992 SCMR 1744,
2022 CLC 167,
PLD 2019 SC 504
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
12(2),
12(3),
181,
18
|