| Case ID |
1b450709-b88c-4a0c-b097-ae09912bf769 |
| Body |
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| Case Number |
C.R. No. 191 of 2017 |
| Decision Date |
Nov 18, 2020 |
| Hearing Date |
Oct 27, 2020 |
| Decision |
The Islamabad High Court allowed the civil revision petition, setting aside the orders dated 25.11.2016 and 24.01.2017. The court found that the dismissal of the suit for non-prosecution was unwarranted as the case was adjourned for arguments on a temporary injunction application. The court emphasized that the procedural mandate was not followed, which led to a surprise order against the petitioner. The court restored the suit, allowing the petitioner to proceed from the stage where the case was dismissed. |
| Summary |
In this case, the Islamabad High Court addressed the procedural intricacies relating to the dismissal of a suit for non-prosecution. The petitioner, JANDRAN, contested the dismissal of their application for restoration of a suit that was initially filed on 13.08.2012 regarding a declaration, specific performance, and injunction against the respondent, the Capital Development Authority. The court found that the dismissal was not only harsh but also beyond the scope of the proceedings fixed for that date. The court reiterated the importance of adhering to procedural mandates, especially when a case is at the stage of arguments on a temporary injunction. The decision emphasized the need for courts to respect the rights of the parties involved and not to take actions that could lead to surprise outcomes. This case highlights critical aspects of civil procedure and the protection of litigants' rights within the judicial process. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
FIAZ AHMAD ANJUM,
NAJEEB MEHMOOD
|
| Lawyers |
Mr. Manzoor Hussain,
Malik Javid Iqbal Wains
|
| Petitioners |
JANDRAN
|
| Respondents |
CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN
|
| Citations |
2021 SLD 418,
2021 PLJ 8
|
| Other Citations |
1993 SCMR 1949,
2005 MLD 1483
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
115,
1,
2,
12,
42,
54
|