| Case ID |
22b3034b-fc30-434b-9438-83fc3cf74ba7 |
| Body |
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| Case Number |
Civil Misc. No. 20 of 2005 |
| Decision Date |
Jun 08, 2007 |
| Hearing Date |
|
| Decision |
The application for cancellation of the ex-parte decree was allowed, establishing that the prior proceedings were null and void due to improper service and failure to comply with the mandatory provisions of the Civil Procedure Code. The court emphasized that the withdrawal of the attorney by Haji Muhammad Afzal without notifying the defendants rendered the proceedings coram-non-judice. Consequently, the case was restored, allowing the defendants to defend against the claims made by the National Bank of Pakistan. |
| Summary |
In this significant legal case, the High Court (AJ&K) dealt with the complexities surrounding the cancellation of an ex-parte decree issued against Mian Muhammad Sugar Mills in favor of the National Bank of Pakistan. The court scrutinized the procedural adherence to the Civil Procedure Code, particularly focusing on the implications of a lawyer's withdrawal without notifying the client. This case underscores the importance of procedural fairness and the necessity for parties to follow due process in legal proceedings. The decision highlights the court's commitment to ensuring justice and preventing miscarriages of justice caused by procedural lapses. This case is critical for understanding legal representation, the responsibilities of advocates, and the standards required for valid service in civil cases. Keywords such as 'ex-parte decree', 'Civil Procedure Code', and 'legal representation' are central to this case, making it a valuable reference for future legal discussions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
Mian MUHAMMAD SUGAR MILLS
|
| Judges |
GHULAM MUSTAFA MUGHAL, J.
|
| Lawyers |
Raja Muhammad Yaqoob, Advocate for Mian Muhammad Sugar Mills,
Mr. Javed Najum Saqib, Advocate for N.B.P
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
Mian MUHAMMAD SUGAR MILLS
|
| Citations |
2007 SLD 2986,
2007 PLJ 38
|
| Other Citations |
PLD 1971 SC 184,
PLD 1998 Lah. 118,
1995 SCR 274,
1998 CLC 179,
PLD 1987 SC 512,
1990 MLD 309,
1993 CLC 2303
|
| Laws Involved |
Civil Procedure Code, 1908,
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997,
Banking Companies (Recovery of Loans) Ordinance, 1979
|
| Sections |
O. III, R. 4,
O. V, Rr. 12, 17, 19 & 20,
S. 9(3),
S. 9(3)
|