| Case ID |
256f721e-a994-4b4e-85f0-526bd80f7bfb |
| Body |
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| Case Number |
Civil Revision No. 18 of 2016 |
| Decision Date |
Aug 01, 2018 |
| Hearing Date |
May 26, 2017 |
| Decision |
The Lahore High Court set aside the ex parte judgment and decree dated 01.03.2012 and the appellate decree dated 26.10.2015. The case was remanded to the learned trial Court for a fresh decision, ensuring the opportunity for filing written statements and addressing the question of limitation. The Court emphasized the necessity for the trial Court to apply the correct law and take notice of limitation even if not raised by the parties. The decision highlighted procedural irregularities in the evidence recording process by the Local Commissioner, which undermined the integrity of the proceedings. |
| Summary |
In the case of Civil Revision No. 18 of 2016, the Lahore High Court dealt with significant issues surrounding the recording of evidence and the procedural integrity of trial proceedings. The petitioner challenged the previous judgments on grounds of limitation and the validity of evidence recorded by a Local Commission, which failed to adhere to legal requirements. The Court underscored the importance of proper legal representation and the obligation of the trial Court to examine points of limitation proactively. The ruling ultimately favored the petitioners, leading to the remand of the case for a fresh hearing, thereby reinforcing the principles of justice and fairness in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
Mamoon Rashid Sheikh
|
| Lawyers |
Ch. Muhammad Anwar Bhindar,
Rao Jabbar Khan
|
| Petitioners |
Others,
Muhammad Latif
|
| Respondents |
Others,
Riaz
|
| Citations |
2019 SLD 1281,
2019 CLC 840
|
| Other Citations |
Ghulam Mustafa v. Abdul Malik PLD 2008 Lah. 4,
Muhammad Sarwar v. The State PLD 1969 SC 278,
Assistant Controller of Imports and Exports and 2 others v. Muhammad Iqbal Bhirviya (1989 CLC 398),
Government of N.W.F.P. and others v. Akbar Shah and others (2010 SCMR 1408),
Muhammad Islam v. Inspector-General of Police Islamabad and others (2011 SCMR 8),
United Bank Limited and others v. Noor-un-Nisa and others (2015 SCMR 380),
Hakim Khan v. Nazeer Ahmad Lughmani and 10 others (1992 SCMR 1832),
Munazah Parveen v. Bashir Ahmad and 6 others (2003 SCMR 1300),
Zafar and 2 others v. Ghulam Muhammad and 9 others (2005 CLC 525),
Government of N.-W.F.P. through Secretary C&W and others v. Rehman construction Company (2005 CLC 1179)
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Specific Relief Act, 1877
|
| Sections |
O.XXVI,R.1,
3,
42,
54
|