| Case ID |
2e190c40-8f91-47f6-8fa2-dda7b61a8411 |
| Body |
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| Case Number |
Suit No. 643 of 2007 |
| Decision Date |
Jul 01, 2014 |
| Hearing Date |
May 21, 2014 |
| Decision |
The Sindh High Court decided to set aside the ex parte judgment and decree passed against the defendant, Sabir Ali Bangash, in Suit No. 643 of 2007. The court found that the decree was obtained through misrepresentation, fraud, and concealment of facts. The court emphasized the importance of fair trial rights and due process, indicating that the defendant was not properly served with notice. The judgment pointed out procedural irregularities and the necessity for the court to ensure that technicalities do not obstruct the administration of justice. The defendant was granted the opportunity to file a written statement, allowing the case to proceed on its merits. |
| Summary |
This case revolves around the setting aside of an ex parte judgment and decree in Suit No. 643 of 2007, where the plaintiff, Murtaza Ali, sought specific performance of a contract against the defendant, Sabir Ali Bangash. The Sindh High Court found that the ex parte decree was procured through fraudulent means, highlighting the importance of due process and the right to a fair trial under Article 10A of the Constitution of Pakistan. The court ruled that proper service of notice was not conducted, which is a mandatory requirement for exercising jurisdiction. This ruling underscores the significance of adhering to legal procedures and ensuring that all parties involved in a case are given a fair opportunity to present their case. The case also touches upon the application of the Civil Procedure Code, the Specific Relief Act, and constitutional rights, making it a landmark judgment in the realm of civil procedure and rights protection in Pakistan. Keywords: ex parte judgment, fraud, due process, specific performance, legal procedure, Sindh High Court, civil rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZ-UR-REHMAN, J
|
| Lawyers |
Badrul Alam,
Fazal-ur-Rehman
|
| Petitioners |
Murtaza Ali
|
| Respondents |
Sabir Ali Bangash
|
| Citations |
2015 SLD 778,
2015 YLR 1239
|
| Other Citations |
Collector Sahiwal and 2 others v. Muhammad Akhtar 1971 SCMR 681,
Mehr Din through Legal Heirs v. Azizan and another 1994 SCMR 1110,
Imtiaz Ahmed v. Ghulam Ali PLD 1963 SC 382,
Lahore Development Authority v. Firdous Steel Mills (Pvt.) Ltd. 2010 SCMR 1097,
Hakimuddin v. Faiz Bux 2007 SCMR 874,
Utility Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal and others PLD 1997 SC 447,
Mst. Izat and another v. Kadir Bux PLD 1959 Kar. 221,
Yousuf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC 104
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Specific Relief Act, 1877
|
| Sections |
12(2),
O.IX,R.13,
10A,
12
|