| Case ID |
1a1ef4f5-999f-4fe1-9359-050ace190740 |
| Body |
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| Case Number |
F.A.O. No. 267 of 2011 |
| Decision Date |
Jan 21, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by Sh. Muhammad Ijaz against the dismissal of his application under Order IX, Rule 13 of the Civil Procedure Code. The court held that the appellant's personal appearance was vital to address objections raised regarding the authenticity of his signatures on the application. The court noted that the appellant had willfully failed to appear despite multiple opportunities given by the trial court, which justified the dismissal of his application. The High Court found no legal or factual infirmities in the trial court's order, emphasizing that the appellant's presence was necessary to resolve the issues of forged signatures raised by the respondent. |
| Summary |
This case revolves around the procedural requirements of personal appearance in civil proceedings. The Lahore High Court examined the implications of the appellant's failure to appear in person despite being directed by the trial court. The case highlights the significance of personal representation in addressing objections related to signature authenticity, emphasizing the legal obligation of parties to comply with court orders. The decision reaffirms the principle that a party cannot evade legal proceedings by relying solely on counsel or special attorneys, particularly when critical issues are raised that only the party can clarify. The judgment underscores the importance of adherence to procedural rules as outlined in the Civil Procedure Code, which governs civil litigation in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUS SATTAR ASGHAR, J
|
| Lawyers |
Fayyaz Ahmed Baloch,
Syed Muhammad Kaleem Ahmed Khurshid,
Ansar Mahmood
|
| Petitioners |
Sh. MUHAMMAD IJAZ
|
| Respondents |
Sh. MUHAMMAD MUSHTAQ
|
| Citations |
2013 SLD 2502,
2013 YLR 914
|
| Other Citations |
Chaudhry Muhammad Aslam v. SME Bank Ltd. through Chairman/ resident and 2 others 2006 CLD 1301
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. X, Rr. 2,
O. IX, R. 13
|