Case ID |
1a98f97a-5b5f-4ced-b4cb-f7cd43fe5700 |
Body |
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Case Number |
Regular Second Appeal No.59 of 2004 |
Decision Date |
Feb 17, 2005 |
Hearing Date |
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Decision |
The Lahore High Court dismissed the regular second appeal filed by the appellant, Messrs Rana Works Engineers and Contractors, against the concurrent judgments of the lower courts that had dismissed their suit for recovery of Rs. 20,18,000. The court noted that the appellant failed to file a certified copy of the judgment and decree from the trial court, which is a prerequisite for maintaining a second appeal. The appellant's negligence in addressing the objections raised by the court's office regarding the missing documents led to the dismissal of the appeal. Furthermore, the court held that the findings of the lower courts were based on an appropriate appraisal of the evidence presented and did not warrant any interference. The court referenced previous judgments to support its decision that an appeal cannot proceed without the necessary documentation. As such, the appeal was dismissed both on procedural grounds and on the merits of the case. |
Summary |
This case involves a regular second appeal before the Lahore High Court concerning a contract dispute between Messrs Rana Works Engineers and Contractors (the appellant) and the Government of Pakistan (the respondents). The appellant sought recovery of a significant amount tied to a contract for storage sheds which was allegedly altered fraudulently by the respondents. The trial court dismissed the appellant's suit, and the decision was upheld by the appellate court. The Lahore High Court ultimately ruled against the appellant due to their failure to submit a required certified copy of the trial court's judgment, thus making the appeal non-maintainable. The ruling emphasized the importance of procedural compliance in legal appeals, underscoring that negligence in adhering to court protocol can lead to dismissal of the case. The court's decision was also supported by earlier case law establishing that appeals must be substantiated with necessary documentation for validity. |
Court |
Lahore High Court
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Entities Involved |
Not available
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Judges |
SARDAR MUHAMMAD ASLAM, J
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Lawyers |
Mian Sarfraz-ul-Hassan,
Tariq Shamim
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Petitioners |
Messrs RANA WORKS ENGINEERS AND CONTRACTORS through Proprietor
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Respondents |
PAKISTAN through Secretary Defence, Government of Pakistan, Islamabad and 5 others
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Citations |
2006 SLD 2101,
2006 CLC 829
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Other Citations |
Siraj Din and another v. Muhammad Ishaq 1981 CLC 1740,
Kala v. Allah Dad PLD 1977 Lah. 376,
Muhammad Hanif v. Faqir Muhammad PLD 1977 Lah. 1214,
Akbar Khan v. Muhammad Razzaq alias Abdul Razaq PLD 1979 SC 830
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Laws Involved |
Civil Procedure Code (V of 1908)
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Sections |
S. 100,
O.XLI, R.1(1),
O.XLII
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