| Case ID |
1a9a1ac0-b47c-4ee0-b7de-982c2c3ed83d |
| Body |
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| Case Number |
Civil Revision Petition No. 239 of 1955 |
| Decision Date |
Apr 16, 1956 |
| Hearing Date |
Mar 29, 1956 |
| Decision |
The decision of the Lahore High Court in the Civil Revision Petition No. 239 of 1955 held that the dismissal of an appeal for non-payment of process fees is illegal if the court has not fixed a specific period for such payment. The case revolved around the legal interpretation of Order XLI Rule 18 of the Civil Procedure Code, which mandates that an appeal cannot be dismissed for failure to pay process fees unless a time frame has been established by the court. The court emphasized that the absence of a specified period invalidates any order of dismissal based on non-payment. This ruling underscores the importance of adhering to procedural safeguards in legal proceedings. |
| Summary |
This case highlights the critical legal principle that an appeal should not be dismissed due to non-payment of process fees unless a specific deadline for payment has been established by the court. The Lahore High Court ruled that the appeal's dismissal was illegal because the court did not set a period for payment. This ruling reinforces the importance of procedural fairness and the need for courts to provide clear timelines for parties involved in legal proceedings. It is essential for legal practitioners to ensure compliance with procedural requirements to avoid dismissal of appeals, thereby protecting the rights of the parties involved. Keywords: legal procedures, civil procedure code, appeal dismissal, process fees, Lahore High Court, judicial review. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. Kaikaus, J
|
| Lawyers |
Ata Ullah Saijad,
Ghias Muhammad
|
| Petitioners |
Khanun and another
|
| Respondents |
Khan Muhammad and others
|
| Citations |
1956 SLD 108,
1956 PLD 554
|
| Other Citations |
Babu Lal v. Hari Bakhsh 13 P R 1918,
Attar Singh v. Karam Chand A I R 1919 Lah. 203
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XLI r. 18
|