| Case ID |
2c3838a9-06bf-4ec5-bbae-66da64f6db56 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision Application No.146 of 2012 |
| Decision Date |
Nov 07, 2013 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted the civil revision application, restoring the suit that was previously dismissed for non-prosecution. The court emphasized that the dismissal was erroneous as it occurred without giving notice to the defendants, violating the principles of fair trial and due process. The court highlighted the importance of adhering to procedural requirements and noted that the failure to issue notice renders the dismissal invalid. The court set aside the orders of the lower courts, allowing the plaintiff's suit to be reinstated and mandating the lower court to expedite the proceedings. |
| Summary |
In this significant case adjudicated by the Sindh High Court, the court addressed the procedural irregularities surrounding the dismissal of a civil suit for non-prosecution. The applicant, Syed Altaf Hussain, sought to restore his suit that had been dismissed due to non-attendance. The court found that the lower courts had failed to comply with the necessary legal provisions, particularly the requirement to issue notice to the defendants before dismissing the suit. The ruling underscored the constitutional right to a fair trial under Article 10-A of the Constitution of Pakistan, asserting that any order passed in violation of this right is null and void. The court's decision to restore the suit reflects a commitment to upholding due process and ensuring that litigants are afforded the opportunity to pursue their claims without unjust procedural barriers. Legal practitioners and scholars should take note of the implications of this case in reinforcing the standards of procedural justice within the civil litigation framework. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZ-UR-REHMAN, J
|
| Lawyers |
Faqeer Ghazi Darban Hisbani,
Muhammad Ghalib
|
| Petitioners |
Syed ALTAF HUSSAIN through Attorney
|
| Respondents |
IRSHAD AHMED and 9 others
|
| Citations |
2014 SLD 1160,
2014 MLD 457
|
| Other Citations |
Abdul Lateef v. Muhammad Yousuf and 2 others PLD 1996 Kar. 365,
Babar Hussain Shah and another v. Mujeeb Ahmed Khan and another 2012 SCMR 1235,
Shabbir Ahmed v. Kiran Khursheed and others 2012 CLC 1236,
Altaf Hussain v. Arifa Farooqi and 7 others PLD 2013 Lah. 95
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan
|
| Sections |
O.IX, R.9,
O.IX, R.8,
O. XLIII, R.3,
Art.10-A
|