| Case ID |
369e5d3e-d803-472b-8ce2-3a888a9f6c74 |
| Body |
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| Case Number |
Civil Revision No.201 of 2001 |
| Decision Date |
Mar 19, 2003 |
| Hearing Date |
Mar 19, 2003 |
| Decision |
The High Court allowed the revision petition and set aside the dismissal of the application for setting aside the ex parte decree. The Court found that the trial court had not followed the appropriate procedures, as the record indicated that the adjournment was noted by the Reader and not by the Court itself. The dismissal of the application was deemed not in accordance with law. The Court directed the trial court to decide the suit on merits within four months. |
| Summary |
In the case of Civil Revision No.201 of 2001, the Peshawar High Court dealt with significant issues concerning the Civil Procedure Code (V of 1908). The case revolved around the dismissal of an application for setting aside an ex parte decree, which was found to be improperly handled by the trial court. The court emphasized the importance of proper legal procedures and timelines, ultimately allowing the revision petition. This case highlights the critical nature of adhering to legal protocols in civil proceedings, ensuring fair access to justice for all parties involved. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
TALAAT QAYYUM QURESHI, J
|
| Lawyers |
Syed Sardar Hussain,
Said Tahar Khan
|
| Petitioners |
others,
TAJ MUHAMMAD KHAN
|
| Respondents |
others,
BAKHT SHERY
|
| Citations |
2003 SLD 2636,
2003 CLC 1176
|
| Other Citations |
Nowsheri Khan v. Said Ahmad Shah 1983 SCMR 1092
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVII, R.5,
S.115,
Ss. 96
|