| Case ID |
3772ad27-fd1b-4bab-b701-108975ac026a |
| Body |
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| Case Number |
Civil Revision No. 170 of 2022/BWP |
| Decision Date |
May 17, 2022 |
| Hearing Date |
May 17, 2022 |
| Decision |
The Lahore High Court set aside the order granting conditional leave to defend the suit, emphasizing that the Trial Court's discretion must be exercised based on logical and legally sustainable reasoning. The High Court found that the imposition of a condition, requiring the petitioner to furnish a surety bond for the entire claimed amount, was inappropriate given the circumstances. The Court emphasized the importance of a fair trial, noting that the petitioner had raised plausible defenses that warranted unconditional leave. The matter was remanded to the Trial Court for a fresh decision, ensuring that all parties are heard fairly. |
| Summary |
This case revolves around a civil revision filed under Section 115 of the Civil Procedure Code, challenging the order of the Additional District Judge that granted conditional leave to defend a suit for recovery of a significant amount on the basis of a negotiable instrument. The petitioner argued that the imposition of a surety bond was impracticable and violated the principles of fair trial as outlined in Article 10-A of the Constitution of Pakistan. The Lahore High Court highlighted the discretion of the Trial Court in such matters and the necessity for such discretion to be exercised judiciously and with thorough consideration of the facts presented. The Court referenced several precedents to support its decision and ultimately allowed the revision, setting aside the previous order and remanding the case for a reconsideration of the leave to defend the suit. This decision underscores the importance of ensuring that defendants in civil suits are afforded the opportunity to contest claims against them without undue burdens that may impede their right to a fair trial. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
Sultan Tanvir Ahmad, J
|
| Lawyers |
Rana Rizwan Ahmed,
A.R. Aurangzeb
|
| Petitioners |
Mian EJAZ AMIR
|
| Respondents |
Haji MUHAMMAD IBRAHIM
|
| Citations |
2023 CLD 534,
2023 SLD 1659
|
| Other Citations |
2004 SCMR 1747,
2021 SCMR 1419,
1990 SCMR 686,
AIR 1958 SC 321,
PLD 2015 SC 187,
2017 CLC 70,
2014 SCMR 1573,
PLD 1996 SC 749,
2000 YLR 4,
PLD 2015 SC 212
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
3
|