| Case ID |
2bd8ee3b-9417-453e-9b0c-2196daa625de |
| Body |
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| Case Number |
R.F.A. No. 235 of 2009 |
| Decision Date |
Nov 02, 2010 |
| Hearing Date |
|
| Decision |
The appeal filed by Habib Gul was accepted, and the ex parte decree against him was set aside due to the trial court's failure to adhere to the mandatory provisions of the Civil Procedure Code regarding personal service. The court emphasized that all provisions must be strictly followed to ensure fair legal proceedings. The learned trial court had not properly ensured that the defendant was duly served, and the failure to secure personal attendance invalidated the ex parte decree. The trial court was directed to decide the suit within two months from the receipt of the record, ensuring that the proper legal standards are maintained. |
| Summary |
This case revolves around the procedural adherence in civil litigation, particularly focusing on the standards of service outlined in the Civil Procedure Code (V of 1908). The Peshawar High Court reviewed an appeal by Habib Gul against an ex parte decree that was passed without proper service of summons. The court highlighted that the trial court had neglected the essential requirement of ensuring that the defendant was personally served, which is a crucial aspect of fair trial rights. The ruling underscores the importance of compliance with legal procedures to uphold the integrity of judicial processes. The decision reaffirms that any failure to follow these procedures can result in the setting aside of judgments, reinforcing the principle that justice must not only be done but must also be seen to be done. The ruling serves as a reminder for legal practitioners to ensure that all procedural requirements are meticulously observed in civil cases to avoid dismissals or reversals of decisions based on technical grounds. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SAJJAD HASSAN SHAH
|
| Lawyers |
Mazullah Barkandi,
Mian Hikanuullah Jan
|
| Petitioners |
Habib Gul
|
| Respondents |
Others,
Muhammad Javid
|
| Citations |
2011 SLD 994,
2011 YLR 975
|
| Other Citations |
Syed Muhammad Anwar v. Sheikh Abdul Haq, 1985 SCMR 1228
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.V,Rr.17,
O.V,Rr.20,
O.VII,R.2,
O.IX,Rr.6,
O.IX,Rr.13
|