| Case ID |
268a6e75-ee36-40ea-bdec-8eeabd3cbff9 |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
Dec 04, 1990 |
| Decision |
The Lahore High Court set aside the judgment and decree of the learned trial Court and remanded the case for fresh trial on merits. The Court observed that the trial judge failed to adequately consider the appellant's plea of illness which prevented him from furnishing security for the loan recovery suit. The Court emphasized that law leans in favor of adjudication on merits and that the appellant should have been given an opportunity to provide proof of his ailment. The case was to proceed with the appellant now having furnished the required security. |
| Summary |
In the case of IN RE: MEHR SHAHADAT KHAN, the Lahore High Court addressed a civil procedure issue regarding a recovery suit for a loan amounting to Rs. 21,000. The appellant was granted conditional leave to defend, which required him to furnish security. However, on the hearing date, the appellant cited illness as the reason for failing to provide the security. The trial court dismissed his request for an extension without adequately considering his plea, leading to the High Court's intervention. The High Court's ruling emphasized the importance of adjudicating cases on their merits and ensuring that all pleas, especially those involving health, are properly addressed. The judgment illustrates the judicial commitment to fair trial principles and adherence to procedural justice, ensuring that parties are given a full opportunity to present their cases. This case highlights trending legal principles such as the right to a fair hearing and the necessity of considering health-related pleas in legal proceedings. |
| Court |
Lahore High Court
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| Entities Involved |
Not available
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| Judges |
MIAN SAEEDURREHMAN FARRUKH, J
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| Lawyers |
Masood Mirza,
Syed Zulfiqar Ali Bokhari
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| Petitioners |
Not available
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| Respondents |
Not available
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| Citations |
1993 SLD 804 = 1993 CLC 1357
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| Other Citations |
Not available
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| Laws Involved |
Civil Procedure Code (V of 1908)
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| Sections |
OXXXVII, Rr.1 & 2
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