| Case ID |
21329c07-a521-4d8a-8e09-6c94554b5bf4 |
| Body |
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| Case Number |
Revision Petition No.57 of 2002 |
| Decision Date |
Aug 17, 2006 |
| Hearing Date |
Aug 17, 2006 |
| Decision |
The revision petition was allowed, setting aside the impugned orders of the lower courts. The Chief Court directed that the trial court issue summons to the witnesses named in the application, emphasizing the importance of their testimony and the necessity of ensuring their attendance. The court recognized that procedural technicalities should not prevent a fair adjudication of the case, particularly given the high status of the witnesses involved. |
| Summary |
This case revolves around a revision petition related to the Civil Procedure Code (V of 1908). The petitioner, MUZAFFAR ALI, contested the lower courts' refusal to summon witnesses, who were crucial for his case. The Chief Court analyzed the procedural aspects and the rights of the petitioner to ensure a fair trial. The court emphasized that the law favors adjudication on merits and that technicalities should not impede justice. The decision highlights the importance of witness attendance in civil cases and the discretionary power of courts to convert petitions for the benefit of justice. This ruling is pertinent for legal professionals and stakeholders in civil litigation, showcasing the balance between procedural rules and the pursuit of justice. |
| Court |
Northern Areas Chief Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAFFAR ALI,
SAHIB KHAN
|
| Lawyers |
Muhammad Shafi for Petitioner,
Shafqat Wali for Respondents
|
| Petitioners |
MUZAFFAR ALI
|
| Respondents |
another,
ASADULLAH
|
| Citations |
2007 SLD 843,
2007 CLC 409
|
| Other Citations |
1992 CLC 232,
PLD 1982 Lah. 690,
1988 CLC 387,
1986 CLC 1813,
1983 CLC 2098,
1991 SCMR 1135,
1970 SCMR 44,
PLD 1972 Lah. 187,
1994 SCMR 771,
1991 CLCN 1991 page 101,
P.1979 N 45,
PLD 1978 Lah. 723,
PLD 1982 SC 234
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XVI,r.1,
S.115
|