| Case ID |
265a2c43-8ee0-434a-859f-a4ea6c791d98 |
| Body |
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| Case Number |
Civil Revision No.18-P of 2010 |
| Decision Date |
Mar 22, 2021 |
| Hearing Date |
Mar 22, 2021 |
| Decision |
The High Court dismissed the revision petition filed by the petitioners, affirming the decisions of the lower courts. The court found that the petitioners had been given numerous opportunities to present their evidence but failed to do so. The court emphasized that the absence of evidence from the petitioners rendered the case against the respondents largely a formality. The High Court reiterated that adherence to procedural rules is essential for maintaining discipline in civil litigation. It highlighted that once the petitioners' right to present evidence was closed under Order XVII, Rule 3 of the Civil Procedure Code, further proceedings without their evidence would not substantively affect the outcome. The decision was rooted in the principle that litigants must be diligent and that courts must enforce procedural rules to prevent abuse of the judicial process. |
| Summary |
This case revolves around a civil revision petition regarding a property dispute. The petitioners, SHAHZADA AMAN ROOM and others, contested the dismissal of their suit by the lower courts under the Civil Procedure Code (V of 1908), specifically referencing Order XVII, Rule 3 which pertains to the court's ability to proceed when a party fails to produce evidence. The Peshawar High Court, presided by Judge WIQAR AHMAD, carefully examined the procedural history, noting that the petitioners had failed to present any evidence despite multiple opportunities provided by the trial court. The court underscored the importance of procedural compliance and the need for litigants to actively engage in their cases. The ruling reinforced the notion that litigation should not be prolonged unnecessarily and that courts must uphold the integrity of the judicial process. The decision serves as a reminder of the consequences of inaction in legal proceedings. |
| Court |
Peshawar High Court, D.I. Khan Bench
|
| Entities Involved |
Not available
|
| Judges |
WIQAR AHMAD, J
|
| Lawyers |
Asghar Ali,
Inayat Ullah Khan,
Aziz-ur-Rehman,
Faridullah Khan
|
| Petitioners |
SHAHZADA AMAN ROOM and others
|
| Respondents |
MIANGUL HILAL and others
|
| Citations |
2022 SLD 1285,
2022 CLC 659
|
| Other Citations |
Ghulam Qadir alias Qadir Bakhsh v. Haji Muhammad Suleman and 6 others PLD 2003 SC 180,
Muhammad Aslam v. Nazir Ahmad 2008 SCMR 942,
Syed Tahir Hussain Mehmoodi and others v. Agha Syed Liaqat Ali and others 2014 SCMR 637,
Abdul Wahid v. Syed Ghulam Mujaddad and 6 others 1989 CLC 697,
Messrs Transtech Limited v. Messrs Pakistan Tobacco Company Limited 2004 MLD 1242,
Moon Enterprises CNG Station, Rawalpindi v. Sui Northern Gas Pipelines Limited through General Manager Rawalpindi and another 2020 SCMR 300,
Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
3
|