| Case ID |
0ac87985-3209-458f-b71f-cf6e4f1759ff |
| Body |
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| Case Number |
C.R. No. 6746 of 2020 |
| Decision Date |
Nov 24, 2022 |
| Hearing Date |
Nov 24, 2022 |
| Decision |
The Lahore High Court dismissed the civil revision filed by Muhammad Bashir against the order of the Additional District Judge, Gujranwala. The court upheld that the application for leave to defend was not accompanied by a verified affidavit, which is a mandatory requirement under Order XXXVII of the Civil Procedure Code. The petitioner failed to substantiate his claims regarding the misuse of cheques issued as guarantees without proper documentation. The ruling emphasized the necessity of an affidavit to support factual disputes and reiterated that the application for leave to defend must be based on verified facts. The court found no jurisdictional error or illegality in the lower court's decision, leading to the dismissal of the petitioner's revision application. |
| Summary |
In the case of Muhammad Bashir versus Syed Imdad Ali Shah, the Lahore High Court reviewed a civil revision concerning the dismissal of an application for leave to defend a suit for recovery of Rs. 15,50,000. The court highlighted the importance of adhering to procedural requirements outlined in the Civil Procedure Code, particularly the necessity of filing an affidavit alongside an application for leave to defend. The petitioner argued that the dismissal was unjust, claiming that the affidavit requirement was not mandatory. However, the court clarified that without a verified affidavit, the application was incomplete, thereby justifying the lower court's decision. This case serves as a critical reminder of the procedural rigor required in civil litigation and the implications of failing to comply with established legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muzamil Akhtar Shabir, J.
|
| Lawyers |
Mr. Amir Munir Bagri,
Hafiz Muhammad Saif-ur-Rehman
|
| Petitioners |
MUHAMMAD BASHIR
|
| Respondents |
Syed IMDAD ALI SHAH
|
| Citations |
2023 SLD 6958,
2023 PLJ 330
|
| Other Citations |
2015 CLC 1747,
2005 YLR 1521,
2012 YLR 2277
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
3
|