| Case ID |
0bf43416-3f87-4359-bb1f-969fe8303dea |
| Body |
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| Case Number |
Civil Revision No.16 of 2006 |
| Decision Date |
Dec 15, 2006 |
| Hearing Date |
|
| Decision |
The Civil Revision Petition No.16 of 2006 filed by the petitioner/defendant has been accepted. The order/decree of the learned trial Judge dated 29-4-2006 has been set aside. The case file is remitted back to the trial Judge for trial under the applicable procedure. The Chief Court determined that the Trial Court's order was passed without sufficient material and was therefore reversible. The decision emphasized that once leave to defend has been granted, the procedure should align with that of a standard suit, ensuring proper judicial process is followed. |
| Summary |
In the case of Civil Revision No.16 of 2006, the Northern Areas Chief Court addressed the procedural irregularities in a civil suit concerning a promissory note. The petitioner, SAEEDUR-REHAJMAN, challenged the decree passed by the District Judge Gilgit, which had debarred him from filing a written statement after granting him leave to defend. The court found that the Trial Court's actions were void and lacked jurisdiction, as the defendant was not afforded due process. The judgment underscores the importance of adhering to the Civil Procedure Code, particularly Order XXXVII, which governs the summary procedure for recovery of debts. This case highlights the fundamental legal principles ensuring fair representation and the right to defend in civil litigation, making it a significant reference for future cases involving procedural fairness and the rights of defendants in summary suits. |
| Court |
Northern Areas Chief Court
|
| Entities Involved |
Not available
|
| Judges |
SAHIB KHAN, J
|
| Lawyers |
Atiq-ur-Rehman,
Muhammad Hussain
|
| Petitioners |
SAEEDUR-REHAJMAN
|
| Respondents |
NATIONAL BANK OF PAKISTAN MAIN BRANCH GILGIT through Manager
|
| Citations |
2007 SLD 961,
2007 CLC 1023
|
| Other Citations |
1992 SCMR 719,
1990 CLC 301,
1989 CLC 2212
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVII,r.7,
O.XXXVII,r.3,
S.115
|