| Case ID |
1e456dd6-1ffc-413e-9da4-d5e6402e1c83 |
| Body |
View case body. Login to View |
| Case Number |
Regular First Appeal No.388 of 2004 |
| Decision Date |
Feb 14, 2005 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant failed to provide sufficient grounds for setting aside the ex parte order. The court noted that the appellant was not vigilant in protecting their rights, and hence, they could not benefit from their own negligence. The proceedings under Order XXXVII of the Civil Procedure Code were properly followed, and the trial court's decision was upheld. |
| Summary |
In this case, the Lahore High Court dealt with an appeal concerning an ex parte decree issued against the appellant due to their failure to appear in court. The respondent had filed a suit for recovery based on a dishonored cheque. The appellant's application to set aside the ex parte proceedings was dismissed by the trial court, which led to the appeal. The High Court emphasized the importance of vigilance in legal proceedings and upheld the trial court's decision, reinforcing the procedural integrity of the Civil Procedure Code. Key issues included the proper application of Order XXXVII and the requirement for defendants to be proactive in defending their rights. This case illustrates the significance of legal representation and the consequences of negligence in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMED,
MUHAMMAD KHALID ALVI
|
| Lawyers |
Faryad Ali Chaudhry,
Zafar Iqbal Chohan
|
| Petitioners |
MUHAMMAD AMIN
|
| Respondents |
NASIR MEHMOOD
|
| Citations |
2007 SLD 796,
2007 CLC 200
|
| Other Citations |
Messrs Ahmad Autos v. Allied Bank PLD 1990 SC 497
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVII,
O.XXXVII Rr.2,
O.XXXVII Rr.3,
O.IX R.13
|