| Case ID |
1b0ed02a-c56c-489f-ac2c-8fb162426a5c |
| Body |
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| Case Number |
Suit No. 1242 of 1996 and Civil Miscellaneous Appl |
| Decision Date |
Jan 12, 1998 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the Defendants' application to file their Written Statement, which had initially been debarred due to non-compliance with the 30-day rule for submission. The court emphasized that the time provided for filing is not absolute and that the legal framework is intended to facilitate justice rather than hinder it on technical grounds. The application was granted after considering the circumstances surrounding the Defendants' inability to file on time, namely the absence of all Directors who were out of Pakistan, and the court noted the importance of allowing parties to contest cases on their merits. The defendants were permitted to file their Written Statement upon payment of a nominal cost to the plaintiffs. |
| Summary |
This case revolves around the procedural aspects of filing a written statement under the Civil Procedure Code (V of 1908). The primary issue was the Defendants' failure to file their written statement within the stipulated 30-day period, leading to their being debarred from appearing in the case. However, the Sindh High Court recognized the importance of allowing a fair chance to defend, emphasizing that procedural rules should not obstruct justice. The court's decision reflects a commitment to ensuring that cases are decided on their merits rather than on technicalities. The case cites important principles regarding the discretion of courts to extend deadlines when justifiable reasons are presented, particularly when the failure to comply with deadlines does not stem from negligence but from genuine circumstances, such as the absence of necessary company directors. This case reinforces the idea that the legal system should prioritize fairness and justice over rigid adherence to procedural timelines, making it a pivotal reference for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
S. AHMAD SARWANA, J
|
| Lawyers |
Yousuf Kassim,
Amjad Hussain
|
| Petitioners |
I.B.M. SEMEA SPA LTD.
|
| Respondents |
EGS (PVT.) LTD.
|
| Citations |
1998 SLD 1433,
1998 CLC 1399
|
| Other Citations |
1989 CLC 625,
1985 MLD 1440,
PLD 1957 Kar. 54,
1990 MLD 171
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VIII, R. 1,
O. IX, R. 6
|