| Case ID |
0b22c009-9a94-4c2e-b883-2d715ca1a2a3 |
| Body |
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| Case Number |
Writ Petition No. 2047 of 2008 |
| Decision Date |
Nov 11, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petition and set aside the impugned orders, granting the plaintiff one opportunity to produce oral evidence and one opportunity to produce documentary evidence. The court emphasized that the ends of justice should not be defeated due to technicalities and that the trial court's dismissal of the suit for non-prosecution was sufficient, rendering additional comments on the non-production of evidence unnecessary. The court highlighted that the law favors adjudication on merits rather than on technical grounds, ensuring that parties have fair opportunities to present their cases. |
| Summary |
This case addresses the principles of justice within the framework of the Civil Procedure Code and the Constitution of Pakistan. The Lahore High Court examined the dismissal of a suit by the trial court for non-prosecution and the implications of such a dismissal on the rights of the plaintiff. The court found that the trial court had acted too harshly by making observations about the failure to produce evidence when the plaintiff was absent due to circumstances beyond their control, such as heavy rainfall and a public strike. The decision emphasizes the importance of allowing parties to present their cases fully, reinforcing the principle that justice should prevail over procedural technicalities. This case reaffirms the court's commitment to ensuring that the legal process remains accessible and fair, particularly in situations where a party is hindered from participating due to legitimate reasons. The ruling is significant for practitioners and litigants alike, as it underscores the balance between procedural rules and the overarching goal of achieving justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ JAVAID, JUSTICE,
MUHAMMAD HANIF
|
| Lawyers |
Not available
|
| Petitioners |
Ahmd Waheed Khan
|
| Respondents |
A.D.J. AND OTHERS,
Sh. Naveed Shahryar No.3
|
| Citations |
2011 SLD 1149 = 2011 YLR 1234
|
| Other Citations |
PLD 2006 Lah. 121
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
115,
O.XVII,R.2,3,
199
|