| Case ID |
25f53170-0fe3-45d7-ac73-e995b9d20e36 |
| Body |
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| Case Number |
Writ Petition No. 2226 of 1997 |
| Decision Date |
Oct 15, 1997 |
| Hearing Date |
Oct 15, 1997 |
| Decision |
The Lahore High Court found that the District Judge's direction to the Trial Court to expedite a suit for possession was beyond his jurisdiction and issued without hearing the petitioner. The court emphasized that all authorities must provide reasons for their orders, especially when exercising powers under the Civil Procedure Code and the General Clauses Act. The High Court, however, exercised its own powers to direct the Trial Court to resolve the suits expeditiously and ensure a fair hearing for both parties. The court ordered the suits to be decided by December 23, 1997, allowing for day-to-day proceedings if necessary. |
| Summary |
In the case of Writ Petition No. 2226 of 1997, the Lahore High Court examined the legality of directions issued by the District Judge regarding the expeditious disposal of a suit for possession. The petitioner, Messrs Siemens Pakistan Engineering Co. Ltd., challenged the order, arguing it was issued without a hearing and lacked jurisdiction. The court held that while the District Judge has certain powers under the Civil Procedure Code, the matter at hand exceeded those powers. The High Court reaffirmed its authority to direct lower courts to expedite cases, emphasizing the importance of timely justice. The case underscores the balance between judicial efficiency and the need for fair procedures, highlighting the obligation of courts to provide reasons for their decisions. This case is significant for its implications on judicial directions and the powers of various judicial authorities in Pakistan. It serves as a precedent for future cases concerning the jurisdiction of lower courts and the procedural rights of parties involved in litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
learned counsel for the petitioner,
learned counsel for respondent No. 3
|
| Petitioners |
Messrs SIEMENS PAKISTAN ENGINEERING CO. LTD.
|
| Respondents |
2 others,
DISTRICT JUDGE, Islamabad court
|
| Citations |
1998 SLD 1192,
1998 PLD 1
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
General Clauses Act (X of 1897),
Constitution of Pakistan (1973)
|
| Sections |
115,
24-A,
199,
203
|