| Case ID |
22f1c72e-530e-411d-9ee5-3142a1a1cab9 |
| Body |
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| Case Number |
First Appeal from Order No. 137 of 1994 |
| Decision Date |
Nov 22, 1994 |
| Hearing Date |
Nov 21, 1994 |
| Decision |
The appeal was dismissed based on the understanding that the appellants were fully aware of the legal proceedings but chose not to appear in court. The trial court's summary rejection of their application to set aside the ex parte decree was upheld as valid under the provisions of the Civil Procedure Code, particularly emphasizing that the appellants had knowledge of the suit and deliberately absented themselves. Consequently, the court ruled that despite any irregularities in the service of summons, the ex parte decree remained enforceable. |
| Summary |
In this case, the Lahore High Court addressed the appeal stemming from an application under Order 9, Rule 13 of the Civil Procedure Code, which sought to set aside an ex parte decree. The court highlighted the importance of the defendants' knowledge about the ongoing litigation, noting that their failure to respond despite being aware of the proceedings justified the trial court's decision. The ruling reaffirmed that an application for setting aside an ex parte decree cannot be summarily rejected if the defendants can demonstrate they were not served properly; however, this was not applicable in this instance due to the defendants' clear awareness. The case draws on previous judgments to establish a precedent regarding the necessity of presence and participation in civil proceedings when knowledge of the case is established. Key legal principles from the Civil Procedure Code were cited, reinforcing the court's stance on the matter and ensuring that the integrity of the legal process is maintained against parties attempting to evade their obligations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Mirza Hafeez-ur-Rehman for Appellants,
Nemo for Respondents Nos. 1 to 12 and 20,
Abdul Shakoor for Respondents Nos. 13 to 18,
Syed Jamshed Ali Shah for Respondent No. 19
|
| Petitioners |
ASIF MAHMOOD and others
|
| Respondents |
Mst. FARKHANDA AKHTAR and others
|
| Citations |
1995 SLD 1062,
1995 CLC 946
|
| Other Citations |
Zafar ul Haq v. Waris Iqbal and another PLD 1979 Lah. 793,
Syed Muhammad Anwar PLD 1979 Lah. 332,
Messrs Fatima Export Corporation and another v. Habib Bank Ltd., Faisalabad PLD 1982 Lahore 436,
Muhammad Hanif v. Baqa Muhammad PLD 1979 SC (A J & K) 120,
Jamal Din v. Hassan Din and others 1993 MLD 796,
Farid ud Din Masood v. Air Marshal (Rtd.) Muhammad Asghar Khan and 5 others 1993 MLD 227,
Badruddin through his Legal Heirs v. Mrs. Haji Shah Nawaz and 21 others 1988 MLD 1366,
Messrs Rehman Weaving Factory (Regd), Bahawalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21,
Haji Karamat Hussain v. Naik Khan Muhammad 1986 CLC 6
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. IX, R. 13,
O. XXII, R. 4,
O. IX, R. 13 & O. XI-III, R. 1
|