| Case ID |
39840a79-fa95-4815-ac79-70b4ed19e078 |
| Body |
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| Case Number |
R.F.A. No. 52584 of 2019 |
| Decision Date |
Nov 19, 2019 |
| Hearing Date |
Nov 19, 2019 |
| Decision |
The appeal was dismissed as the counsel for the appellant failed to demonstrate any illegality or irregularity committed by the trial Court in dismissing the suit for want of evidence. The appellant was given multiple opportunities to present evidence but failed to do so. The learned trial Court dismissed the suit under Order XVII Rule 3 of the Civil Procedure Code. The decision reflects the Court's commitment to the principles of justice and procedural fairness, emphasizing that repeated negligence cannot be tolerated. Thereby, the Court upheld the trial Court's decree and dismissed the appeal with no order as to costs. |
| Summary |
This case revolves around an appeal filed by SUI NORTHERN GAS PIPELINES LTD. against the dismissal of their suit for recovery of Rs. 4,45,260/- in the Lahore High Court. The suit was originally dismissed by the trial Court due to the appellant's failure to produce evidence despite being granted multiple opportunities. The Court highlighted that the appellant had closed their right to present evidence under Order XVII Rule 3 of the Civil Procedure Code after numerous chances, including a final opportunity that came with a fine. In the appeal, the Court maintained that the trial Court's decision was justified and that the appellant's negligence could not be excused. The significant legal principles regarding the importance of adhering to procedural rules and the consequences of failing to comply were emphasized. The case serves as a reminder of the need for diligence in legal proceedings, particularly in civil suits where evidence plays a crucial role in determining outcomes. The decision reinforces the notion that the legal system must uphold its standards and that parties must act responsibly to avoid adverse consequences. |
| Court |
Lahore High Court
|
| Entities Involved |
MUHAMMAD RAMZAN,
SUI NORTHERN GAS PIPELINES LTD.
|
| Judges |
MUHAMMAD AMEER BHATTI, J.
|
| Lawyers |
Mr. Khalil-ur-Rehman,
Mr. Nisar Akbar Bhatti
|
| Petitioners |
SUI NORTHERN GAS PIPELINES LTD.
|
| Respondents |
MUHAMMAD RAMZAN
|
| Citations |
2021 SLD 283,
2021 PLJ 193
|
| Other Citations |
2015 SCMR 1401
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
96,
3
|