| Case ID |
22e16698-b773-4c9f-a856-617c134b06d6 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 19738 of 2021 |
| Decision Date |
Jun 04, 2021 |
| Hearing Date |
Jun 04, 2021 |
| Decision |
The Lahore High Court allowed the constitutional petition, setting aside the ex-parte proceedings and decree made by the Gas Utility Court. The Court held that the petitioner had not received proper notice of the proceedings, as the Gas Utility Court failed to issue fresh process for appearance or to record evidence itself. The existing ex-parte proceedings from the Civil Court did not preclude the petitioner from receiving notice following the transfer of the case. The suit was deemed pending before the Gas Utility Court, and the petitioner was instructed to file an application for leave to defend within ten days of the first hearing. The High Court emphasized the necessity of adhering to proper legal procedures to ensure fair representation and due process. |
| Summary |
This case concerns the procedural validity of ex-parte proceedings initiated by the Gas Utility Court against the petitioner, Raja Azhar Hayat, following a recovery suit filed by the SNGPL. The Lahore High Court scrutinized whether the proper legal steps were taken to notify the petitioner of the proceedings. It was determined that the Gas Utility Court did not issue the necessary notice after the case was transferred to it from the Civil Court, where ex-parte evidence had already been recorded. The Court highlighted that without proper service of notice, the proceedings could not stand legally. The decision underscores the importance of procedural fairness in judicial processes, especially when a party's rights are at stake. The ruling reiterates the requirement for courts to adhere strictly to legal protocols to ensure just outcomes. Keywords: legal procedure, due process, ex-parte proceedings, Lahore High Court, Gas Utility Court, recovery suit, SNGPL, judicial fairness, legal representation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAJID,
MEHMOOD SETHI
|
| Lawyers |
Ch. Imran Raza Chadhar,
Qasim Raza Chadhar,
Umar Sharif (SNGPL)
|
| Petitioners |
RAJA AZHAR HAYAT
|
| Respondents |
ADDITIONAL DISTRICT JUDGE/GAS UTILITY COURT AND OTHERS
|
| Citations |
2021 SLD 1200,
2021 CLC 2109
|
| Other Citations |
2014 SCMR 1015,
2017 SCMR 1427,
2002 CLC 932,
2002 SCMR 664,
2005 SCMR 1877,
1995 MLD 484,
PLD 2009 Kar. 148,
2021 CLC 757,
2002 (1) ICC 481,
2004 MLD 1170,
2006 MLD 963,
2013 MLD 1383,
2017 YLR 1031,
2019 CLC Note 68,
2021 CLC 25,
AIR 1970 Mad 271 (FB),
AIR 1992 Gauhati 121,
1993 (3) LJR 457,
1994 (2) CurCC 717,
2000 (1) BCR 306,
2002 (1) ICC 639,
2011 (88) ALR 314,
2019 CLC 1750,
2020 CLC Note 36,
2020 MLD 876,
2020 CLC 1524
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
19,
20,
8
|