Case ID |
10483d39-0cc5-4b6b-84ed-7a348f4d3333 |
Body |
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Case Number |
Civil Revision No. 37 of 1998 |
Decision Date |
Apr 29, 2015 |
Hearing Date |
Apr 29, 2015 |
Decision |
The High Court set aside the decree from the Trial Court due to misrepresentation and lack of necessary parties. The Trial Court had violated procedural laws by failing to include the government as a necessary party in the case. The Court remanded the case for a de novo trial, maintaining the status quo of the suit property until a final determination is made. The Court emphasized the importance of including all relevant parties to ensure justice and proper legal representation. |
Summary |
In the landmark case of Civil Revision No. 37 of 1998, the High Court addressed significant procedural issues stemming from a prior decree obtained through misrepresentation. The case involves the Provincial Government and residents of Mouza Sakwar, highlighting the necessity of including all relevant parties in legal proceedings. The Court underscored the importance of compliance with the Civil Procedure Code (CPC), specifically sections related to necessary parties and the implications of fraudulent actions in obtaining court judgments. The decision mandates a comprehensive retrial, ensuring that all stakeholders are adequately represented, thereby reinforcing the principles of justice and fair trial. This case serves as a pivotal reference for future litigations involving procedural missteps and the necessity of proper party representation in civil suits. |
Court |
High Court
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD ALAM,
WAZIR SHAKEEL AHMED
|
Lawyers |
Mohammad Isa,
Johar Ali,
Aurangzeb Khan
|
Petitioners |
PROVINCIAL GOVERNMENT through Secretary Kashmir Affairs Division, Islamabad
|
Respondents |
ALL RESIDENT OF MOUZA SAKWAR through Representatives
|
Citations |
2016 SLD 944,
2016 CLC 615
|
Other Citations |
Not available
|
Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009
|
Sections |
12(2),
79,
O. XXVII,
115,
42,
Art.71(2)
|