| Case ID |
2d2cf7bd-5aef-4098-916f-9f4599c4927c |
| Body |
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| Case Number |
Civil Revision No. 357-D of 1984 |
| Decision Date |
|
| Hearing Date |
Apr 09, 1984 |
| Decision |
The Lahore High Court ruled that the appeal could not be dismissed in default under Order XLI, Rule 17 of the Civil Procedure Code since the petitioner had entered appearance and did not express an intention to withdraw the appeal. The Court emphasized that the hearing of the petitioner was sufficient, even in the absence of his counsel, and thus the appeal was decided on merits. The appeal was dismissed as the petitioner was adequately represented and heard in person. The decision highlighted the importance of procedural adherence while also ensuring that the rights of the parties to be heard are upheld. |
| Summary |
This case revolves around the procedural aspects of civil appeals within the Lahore High Court. The petitioner, Nazir Ahmad, contested the dismissal of his pre-emption suit against Muhammad Yousaf and others. The key legal principles involved pertain to the Civil Procedure Code (V of 1908), specifically Orders XLI, Rules 17 and 30. The judgment underscores the importance of allowing parties to be heard, even in the absence of their legal counsel. It clarifies that the presence of a party before the court suffices for the hearing process, and that procedural defaults should not unjustly deprive a party of their right to appeal. The case sets a precedent for ensuring that appeals are not dismissed without due consideration of the parties' appearances and intentions. Keywords: Lahore High Court, civil appeal, procedural law, Civil Procedure Code, legal representation, hearing rights, case law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Shamim Abbas Bokhari
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
2 others,
MUHAMMAD YOUSAF
|
| Citations |
1984 SLD 404,
1984 PLD 392
|
| Other Citations |
Basudev v. Bideshi and another A I R 1929 Rang. 11(2),
Taher Sheikh Chowkidar and others v. Otaruddi Howladar and others A I R 1929 Cal. 475,
Nasir Khan v. Itwari and others A I R 1924 All. 144,
Musaliarakath Muhammad v. Manaviakrama the Zemorin Rajah Avergal and others A I R 1923 Mad. 13,
Sultan v. Haji Niamat P L D 1965 (W P) Pesh. 219
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, r. 17,
O. XLI, r. 30
|