| Case ID |
2c067796-98ba-4d09-809c-432e3c1680e3 |
| Body |
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| Case Number |
Civil Revision No. 1052 of 1994 |
| Decision Date |
Dec 07, 1998 |
| Hearing Date |
Dec 07, 1998 |
| Decision |
The Lahore High Court accepted the revision petition, set aside the orders and decrees of the lower courts, and remanded the case for a decision on its merits. The court emphasized that the technicalities should not defeat the ends of justice, particularly in cases involving the rights of individuals. The court found that the petitioners had sufficient cause to restore the application, as their counsel was unavailable due to other court obligations. The decision also highlighted the importance of allowing adjudication on merits rather than dismissing cases based on procedural lapses. |
| Summary |
This case involves a civil revision regarding the setting aside of an ex parte decree issued by a lower court. Ghulam Muhammad, the plaintiff, claimed ownership of land based on a sale from Rasoolan Begum, while the defendants, represented by their legal heirs, contested the decree. The petitioners argued that their counsel was unavailable on the day of the hearing, which warranted the setting aside of the decree. The Lahore High Court ruled in favor of the petitioners, emphasizing the need for justice over technical compliance with procedures. This case underscores the judicial system's commitment to fairness and the protection of individuals' rights in legal proceedings. Keywords for this case include 'ex parte decree', 'civil revision', 'Lahore High Court', and 'justice', which are relevant to current legal discussions and trends. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ISLAM BHATTI, J
|
| Lawyers |
Ghulam Muhammad Sajrah,
Malik Noor Muhammad Awan
|
| Petitioners |
RABNAWAZ KHAN through Legal Heirs
|
| Respondents |
GHULAM MUHAMMAD through Legal Heirs
|
| Citations |
1999 SLD 942,
1999 CLC 1185
|
| Other Citations |
Imtiaz Ahmad v. Ghulam and 2 others PLD 1963 SC 382,
Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order IX, Rule 13,
Order V, Rule 115
|