| Case ID |
39643f7b-466a-4cc7-9ce9-404f8e83f602 |
| Body |
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| Case Number |
C.R. No. 334 of 2008 |
| Decision Date |
Jun 22, 2017 |
| Hearing Date |
Jun 16, 2017 |
| Decision |
The High Court set aside the judgments and decrees passed by the trial court and the lower appellate court. It was observed that both courts failed to exercise their jurisdiction properly and in accordance with the law, which caused a miscarriage of justice. The matter was remanded to the trial court for proceedings and decision in accordance with the law, ensuring that both parties are given the opportunity to present their evidence and arguments. The High Court emphasized the importance of adhering to proper judicial procedures and the necessity of a fair hearing. |
| Summary |
The case revolves around a civil suit filed by the Pakistan Railways Employees Cooperative Housing Society Ltd. against Haji Ghulam Haider and others concerning a dispute over land leased for residential purposes. The trial court relied heavily on the report of a local commissioner, which was contested by the plaintiff on grounds that proper procedures were not followed, including the failure to frame issues or allow adequate opportunity for evidence. The appellate court upheld the trial court's decision, leading to a revision petition being filed in the High Court. The High Court found significant errors in the lower courts' judgments, particularly in failing to consider timely objections raised by the plaintiff and in not framing issues. As a result, it remanded the case for proper proceedings, emphasizing the importance of justice and adherence to legal standards. This case highlights critical aspects of civil procedure, the necessity of due process, and the implications of judicial oversight in land disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
|
| Judges |
NAZEER AHMED LANGOVE
|
| Lawyers |
Mujeeb Ahmed Hashmi,
Muhammad Usman Tareen,
Iqbal Ahmed Kasi,
Farooq Sarwar
|
| Petitioners |
PAKISTAN RAILWAYS EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD. THROUGH GENERAL SECRETARY
|
| Respondents |
3 OTHERS,
HAJI GHULAM HAIDER
|
| Citations |
2018 SLD 239,
2018 CLC 45
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
1
|