| Case ID |
0f8be553-86e3-42e9-a0a9-60be69913e07 |
| Body |
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| Case Number |
F.A.O. No. 36 of 1978/BWP |
| Decision Date |
Mar 06, 1983 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by the appellants, Sardar Sakhawat-ud-Din and others, against the judgment of the Senior Civil Judge. The court upheld that the trial court was justified in pronouncing judgment against the appellants for their failure to submit written statements, as per the provisions of Order VIII, rule 10 of the CPC. The court emphasized that the trial court had the discretion to decide the suit forthwith without recording evidence, given the defaults by the defendants. The appeal was treated as a First Appeal from Order rather than a Regular First Appeal, confirming the nature of the order issued by the trial court. The court highlighted the importance of timely submissions in civil procedure and ruled that negligence on the part of the appellants warranted the decision against them. |
| Summary |
The case revolves around Sardar Sakhawat-ud-Din and others appealing against a judgment for specific performance of a land sale agreement. The Lahore High Court ruled on procedural aspects of the Civil Procedure Code, particularly focusing on Order VIII, rule 10, which allows a court to decide a case when defendants fail to file written statements. The decision emphasized the importance of compliance with court orders and the implications of neglecting procedural rules. The court affirmed that a trial court could deliver a judgment based on the plaintiffs' claims without needing to record evidence if the defendants failed to present their case. This ruling highlights key principles of civil litigation, including the significance of timely legal responses and the court's discretion in managing cases. The outcome serves as a pivotal reference for similar future legal disputes, reinforcing the need for adherence to procedural norms in civil cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS,
MUHAMMAD SHARIF
|
| Lawyers |
M. M. Bhatti,
Masood Ahmad Bajwa,
Sh. Inayat Ali
|
| Petitioners |
Muhammad Iqbal,
Sardar SAKHAWAT-UDDIN
|
| Respondents |
Muhammad Iqbal,
Abdul Latif,
Shah Nawaz
|
| Citations |
1983 SLD 483 = 1983 PLD 448
|
| Other Citations |
The Province of Punjab and others v. Muhammad Yousaf Khan 1981 S C M R 590 rel.,
Ali Haider Shah v. Ghulam Muhammad 1981 C L C 359 rel.,
Ghulam Nabi Lone v. Messrs Lufthansa German Airlines, Lahore 1982 C L_ C 387 rel.
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VIII, r. 10,
O. XLIII, r. 1, cl. (b)
|