| Case ID |
1668fc69-3328-4e0a-a49e-74cdf14c43b8 |
| Body |
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| Case Number |
Civil Revision No.544-D of 2020 |
| Decision Date |
Apr 01, 2022 |
| Hearing Date |
Apr 01, 2022 |
| Decision |
The civil revision petition was dismissed as the petitioner failed to produce evidence despite numerous opportunities provided by the trial court. The trial court's decision to dismiss the suit was upheld by the appellate court, confirming adequate warnings were issued and costs imposed for failure to present witnesses. The petitioner did not demonstrate any jurisdictional error or illegality that warranted interference with the concurrent judgments. The trial court's actions were in accordance with the provisions of Order XVII, Rule 3 of the Civil Procedure Code, reflecting a necessary adherence to procedural discipline. |
| Summary |
This case revolves around the dismissal of a civil suit due to the petitioner's repeated failure to present evidence despite being given multiple adjournments. The Lahore High Court's decision emphasizes the importance of adhering to procedural rules, specifically under the Civil Procedure Code (V of 1908) and the Specific Relief Act, 1877. The court highlighted that the trial court had exercised due diligence in providing opportunities for the petitioner to present their case, yet the petitioner and their counsel failed to comply, leading to the dismissal of the suit. The ruling underscores principles such as 'justice delayed is justice denied' and the need for litigants to respect court proceedings to maintain the integrity of the judicial process. Legal practitioners should take note of this case as it reaffirms the judiciary's commitment to enforcing procedural rules and discouraging frivolous adjournments, ensuring that justice is served promptly and effectively. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
Sultan Tanvir Ahmad, J
|
| Lawyers |
Sardar Muhammad Akram Balouch,
Ahmad Mansoor Chishti
|
| Petitioners |
ATTA ELAHI
|
| Respondents |
ALLAH BACHAYA and others
|
| Citations |
2024 SLD 2836,
2024 CLC
|
| Other Citations |
Syed Tasleem Ahmad Shah v. Sajwala Khan and others 1985 SCMR 585,
Muhammad Aslam v. Nazir Ahmad 2008 SCMR 942,
Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401,
Mst. Sadia Jamshaid v. Province of Punjab and another 2020 CLC 1972,
Brojendra Nath Ganguly v. Promatha Bhusan Dev and 3 others AIR 1933 Calcutta 412,
Syed Tahir Hussain Mehmoodi and others v. Agha Syed Liaquat Ali and others 2014 SCMR 637,
Moon Enterprises CNG Station, Rawalpindi v. Sui Northern Gas Pipelines Limited through General Manager, Rawalpindi and another 2020 SCMR 300
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
3,
42
|