| Case ID |
2bf3617d-238f-4e5d-85ce-43d070235fb8 |
| Body |
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| Case Number |
F.A.O. No. 242 of 2010 |
| Decision Date |
May 02, 2019 |
| Hearing Date |
May 02, 2019 |
| Decision |
The Lahore High Court dismissed the appeal challenging the order of the Appellate Court which had corrected the decree sheet to include the relief of possession of the suit property. The court held that it was the duty of the Appellate Court to ensure that the decree sheet conformed to the judgment and that the correction was necessary to provide justice. The court emphasized that the act of the court should not prejudice any party and that errors resulting from the court's own actions must be rectified. The court affirmed the principle that where a court fails to adhere to mandatory provisions regarding the drafting of decrees, it must take corrective measures to ensure that the rights of the parties are upheld. |
| Summary |
In the case of F.A.O. No. 242 of 2010, the Lahore High Court addressed the issue of a decree sheet that failed to include a granted relief of possession. The court emphasized the importance of accuracy in the preparation of decrees, aligning them with the corresponding judgments as mandated by law. The ruling underscored the principle that the act of the court should not disadvantage any party, and the court has an inherent power to correct its own mistakes. The decision illustrates the court's commitment to upholding justice and ensuring that procedural errors do not impede rightful claims. This case highlights the significance of proper legal representation and the adherence to procedural norms in civil litigation, making it a critical reference for similar matters in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAMIL AKHTAR SHABIR
|
| Lawyers |
Muhammad Akhtar Rana for Appellants,
Malik Muhammad Imran Joiya for Respondent
|
| Petitioners |
ABDUL AZIZ AND 2 OTHERS
|
| Respondents |
CH. ASGHAR ALI
|
| Citations |
2020 SLD 2108,
2020 PLD 831
|
| Other Citations |
PLD 2016 SC 995,
PLD 2013 SC 255,
2014 SCMR 1015,
2010 SCMR 1408,
2005 SCMR 668,
PLD 1984 Kar. 82,
2016 SCMR 834,
2016 SCMR 40,
1995 SCMR 584,
PLD 1963 SC 265,
2012 SCMR 1942,
PLD 2012 SC 400,
1999 SCMR 1007
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
152,
33,
2(2)(9),
6,
7
|