| Case ID |
09c06f6e-53a5-4cbb-a8ce-04569dddd89f |
| Body |
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| Case Number |
W.P. No. 725 of 2002 |
| Decision Date |
Jul 17, 2013 |
| Hearing Date |
Jul 17, 2013 |
| Decision |
The Lahore High Court dismissed the petitioner's application under section 12(2) of the Civil Procedure Code, indicating that the application was not maintainable before the trial court since the decree had merged into the appellate court's decree. The court emphasized that the appropriate forum for filing such an application was the appellate court, not the trial court. The decision also highlighted the importance of adhering to the limitation period, ruling that the second application was filed beyond the allowable time frame. Therefore, the petitioner's claim was ultimately rejected. |
| Summary |
This case revolves around the interpretation of section 12(2) of the Civil Procedure Code (V of 1908) concerning the maintainability of applications for setting aside decrees. The Lahore High Court scrutinized the procedural aspects and the timeline of the applications filed by the petitioner, Muhammad Ayub, against the decisions made by the Additional District Judge and the Senior Civil Judge. The court ruled that the petitioner's actions did not conform to the legal requirements of filing in the correct forum and adhering to limitation laws. This case underscores the significance of procedural correctness in legal proceedings and highlights the necessity for legal counsel to provide accurate guidance to their clients. The ruling sets a precedent for future cases involving similar procedural disputes, emphasizing the critical nature of understanding the hierarchy of courts and the implications of merger doctrine in judicial decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN
|
| Lawyers |
Muhammad Akbar Ali Cheema,
Malik Imtiaz Mehmood Awan
|
| Petitioners |
Muhammad Ayub
|
| Respondents |
ADDITIONAL DISTRICT JUDGE AND OTHERS
|
| Citations |
2015 SLD 1036,
2015 YLR 2638
|
| Other Citations |
Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516,
Mubarik Ali v. Fazal Muhammad and another PLD 1995 SC 564,
Allah Dad and others v. Abdul Ghani and others PLD 2010 SC 580,
Muhammad Shamim through legal heirs v. Mst. Nisar Fatima through legal heirs and others 2010 SCMR 18,
Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247,
Province of Punjab through Collector, Sialkot v. Muhammad Irshad Bajwa 1999 SCMR 1555,
Chan Peer Shah v. Shafi Ullah and others 2006 YLR 3229,
Nasrullah Khan and others v. Mukhtar-ul-Hassan and others PLD 2013 SC 478,
Monazah Parveen v. Bashir Ahmed and 6 others 2003 SCMR 1300
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
12(2)
|