| Case ID |
230e74ff-b2cc-4afa-95c6-450873ac6ec6 |
| Body |
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| Case Number |
C.M. No. 9417 of 2010/BWP in Civil Revision No. 33 |
| Decision Date |
Jan 19, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the petitioner, Malik Muhammad Aslam Khan Dhukkar. The petitioner challenged the judgment/order dated 17-6-1999 passed by the District Judge, Rahimyar Khan, which had dismissed his appeal against the order dated 28-2-1998 passed by the Civil Judge, Rahimyar Khan, setting aside the ex parte decree. The court found that the petitioner failed to demonstrate any jurisdictional defects or excesses by the lower courts. Specifically, the petitioner could not provide valid evidence of service of summons upon the respondent, Malik KALU, or show that the formalities for substituted service under the Civil Procedure Code were not properly observed. Consequently, the petition was treated as a writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan but stood dismissed due to lack of substantive grounds. |
| Summary |
In the case of Malik Muhammad Aslam Khan Dhukkar vs Malik KALU, adjudicated by the Lahore High Court on January 19, 2012, the petitioner filed a civil revision challenging the dismissal of his appeal against an order that had set aside an ex parte decree. The core issue revolved around the service of summons and the adherence to procedural formalities as stipulated in the Civil Procedure Code (V of 1908), specifically Orders V and IX, Rules 10, 20, and 13. The petitioner claimed that the lower courts failed to observe the mandated procedures for substituted service, including the requirement for a postal certificate. However, the court found that the petitioner did not provide sufficient evidence to demonstrate that the summons were not served, as per the requirements of the law. Notably, the process server's report did not conclusively state that the respondent refused the service, merely that the respondent was not present at the time. Moreover, the petitioner failed to establish any jurisdictional defects or overreach by the lower courts, leading to the dismissal of the revision petition. The case underscores the critical importance of adhering to procedural norms in civil litigation and the necessity for petitioners to provide compelling evidence when challenging court orders. Additionally, the dismissal emphasizes the judiciary's stance on maintaining procedural integrity and the limited scope for revising judgments where procedural compliance is ostensibly met. The involvement of legal representatives, specifically Malik Muhammad Aslam Khan Dhukkar for the petitioner and Muhammad Naveed Farhan for the respondent, highlights the role of legal advocacy in navigating complex civil litigation processes. This case serves as a precedent for future cases involving challenges to ex parte decrees and the essential requirement of demonstrating procedural lapses to warrant judicial reconsideration. |
| Court |
Lahore High Court
|
| Entities Involved |
Malik Muhammad Aslam Khan Dhukkar,
Malik KALU
|
| Judges |
AMIN-UD-DIN KHAN
|
| Lawyers |
Malik Muhammad Aslam Khan Dhukkar,
Muhammad Naveed Farhan
|
| Petitioners |
Malik Muhammad Aslam Khan Dhukkar
|
| Respondents |
Malik KALU
|
| Citations |
2013 SLD 2499,
2013 YLR 893
|
| Other Citations |
Muhammad Asghar and others v. Qamar Din PLD 2005 Lahore 240 rel.
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order V, Rule 10,
Order V, Rule 20,
Order IX, Rule 13
|