| Case ID |
2d542048-9c99-4b57-b314-d74716167894 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-2 |
| Decision Date |
Oct 13, 1983 |
| Hearing Date |
Oct 05, 1983 |
| Decision |
The Supreme Court of Pakistan converted the petition into an appeal and allowed it, setting aside the order of the Additional District Judge dated March 3, 1983. The court remanded the matter to the first appellate court for a fresh decision in accordance with law. The court emphasized the importance of proper service of summons and that the discretion for condoning delay must be based on judicial considerations rather than vague conclusions. The court noted that the respondent's claim of not being served was pivotal and should have been properly addressed before determining the condonation of delay. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the issue of condonation of delay under the Limitation Act, focusing on the procedural aspects of service of summons. The case arose from a civil suit where the petitioner, Muhammad Ayub, sought recovery of an amount from the respondent, Mehboob Elahi. The initial judgment was passed ex parte due to the respondent's absence, which he later contested on grounds of improper service. The Additional District Judge had conditionally accepted the respondent's application for condonation of delay based on the claim that the summons was not properly served. However, the Supreme Court found that such a vague conclusion was inadequate for legal standards. The court's ruling reinforced the necessity for judicial rigor in matters of service and delay, ensuring a fair trial. This case highlights the balance between procedural justice and the rights of parties in civil litigation, making it a significant reference point for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S.A. Nusrat,
Zaffar Hussain Mirza
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Ayub
|
| Respondents |
Mehboob Elahi
|
| Citations |
1984 SLD 1028,
1984 SCMR 1550
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
115,
5
|