| Case ID |
154cf170-8d7b-447d-8336-404acfc0b482 |
| Body |
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| Case Number |
Civil Revision No. 192 of 2014 |
| Decision Date |
Feb 13, 2023 |
| Hearing Date |
Feb 13, 2023 |
| Decision |
The Lahore High Court partly allowed the revision petition, setting aside the previous judgment and decree of the District Judge, Kasur. The court directed the trial court to proceed with the application of the respondents in accordance with subsection (3) of Section 12 of the Civil Procedure Code. The appellate court's direction to frame issues and record evidence was deemed unwarranted, emphasizing that procedural laws should facilitate justice rather than hinder it. The court underscored the principles that courts should lean towards adjudication on merit and not stifle proceedings on technicalities. The judgment highlighted the importance of addressing allegations of fraud and misrepresentation in a manner that serves justice efficiently. |
| Summary |
This case revolves around the application of the Civil Procedure Code in the context of fraud and misrepresentation allegations. The Lahore High Court addressed the complexities of procedural laws, emphasizing their role in promoting justice rather than creating barriers. The court ruled on the necessity of timely adjudication, particularly concerning claims that involve significant delays. The decision highlighted the critical balance between adhering to procedural requirements and ensuring that justice is served without unnecessary delays. The ruling is significant for legal practitioners dealing with similar cases, reinforcing the importance of understanding procedural nuances in civil litigation. The case discusses the implications of the Limitation Act and the Civil Procedure Code, particularly sections that govern fraud-related claims. This ruling serves as a guiding precedent for future cases involving procedural challenges and the need for equitable resolutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHEEL KAMRAN, J
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD SHAREEF (DECEASED) through LRs and others
|
| Respondents |
MUHAMMAD RAMZAN (DECEASED) through LRs and others
|
| Citations |
2023 SLD 1005,
2023 CLC 782
|
| Other Citations |
Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744,
Sheikh Haroon-u-Rehman v. Muhammad Rafique and others 2022 CLC 167,
Bashir Ahmed through Legal Representatives and others v. Muhammad Hussain and others PLD 2019 SC 504
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
12(2),
12(3),
181,
18
|