| Case ID |
1feacd1e-2689-45a9-a7b2-2d22d0c6eb13 |
| Body |
View case body. Login to View |
| Case Number |
Regular First Appeal No. 6 of 1994/BWP |
| Decision Date |
Nov 29, 1994 |
| Hearing Date |
Nov 24, 1993 |
| Decision |
The appeal was accepted, and the judgment and decree dated 24-11-1993 were set aside. The case was remanded to the trial court for a decision on its merits in accordance with the law. The trial court was instructed to proceed with the suit on a day-to-day basis and conclude it positively before 28-02-1995. The appellant was granted a certificate for the refund of court fees as the appeal was accepted on a point of law without a determination of the rights of the parties. |
| Summary |
In the case of Pakistan Burmah Shell Ltd. vs. Tariq Brothers, the Lahore High Court addressed critical issues regarding the closure of evidence in civil proceedings under the Civil Procedure Code (CPC). The court ruled that the trial court erroneously closed the plaintiff's evidence without granting further opportunities, emphasizing the legal principle that courts favor decisions based on merits. The ruling reinforced the importance of adhering to procedural fairness, particularly when adjournments are not at the request of the parties. This case highlights the balance between procedural rules and the right to a fair trial, making it a significant reference for future civil litigation cases. Keywords: Civil Procedure Code, evidence closure, procedural fairness, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY,
M. JAVED BUTTER
|
| Lawyers |
Shamsher Iqbal Chughtai,
Azim Ashraf
|
| Petitioners |
PAKISTAN BURMAH SHELL LTD.
|
| Respondents |
TARIQ Brothers
|
| Citations |
1997 SLD 696 = 1997 CLC 761
|
| Other Citations |
Malik Nayyar Hussain v. Muhammad Saeed and others 1993 MLD 1788
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Court Fees Act (VII of 1870)
|
| Sections |
O.XVII, R.3,
S. 13
|