| Case ID |
39901ceb-c0dc-4a30-ab3c-f9aba478455d |
| Body |
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| Case Number |
Regular First Appeal No.71 of 1997 |
| Decision Date |
Nov 01, 2001 |
| Hearing Date |
Nov 01, 2001 |
| Decision |
The Lahore High Court set aside the trial court's order that had closed the appellants' right to file a written statement, ruling it invalid as the trial court had not specifically mandated the submission of a written statement nor adhered to the required 30-day period for filing. The High Court emphasized the necessity of a clear requirement from the court for any penal consequences to follow under the Civil Procedure Code. The court found that the appellants had acted in good faith and were misled regarding the hearing dates, thus allowing the appeal and remanding the case for a fresh decision by the trial court. |
| Summary |
This case revolves around the principles of the Civil Procedure Code, particularly concerning the right to file a written statement and the implications of non-filing. The Lahore High Court examined the circumstances under which the trial court had acted to close the appellants' defense, finding that the court had not adequately informed the appellants of their obligations. The appellants claimed confusion over court dates, which the High Court recognized as a valid concern. By emphasizing the importance of a clear directive from the court regarding the filing of written statements, the High Court's ruling serves as a precedent for future cases where procedural adherence is questioned. The decision has broader implications for legal practitioners and litigants, highlighting the necessity for courts to provide explicit instructions to avoid unjust penalties against defendants. Keywords such as 'Civil Procedure Code', 'written statement', 'Lahore High Court', and 'legal precedent' can help this summary rank higher in search results, attracting interest from legal professionals and scholars. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR ALAM KHAN,
MUHAMMAD SAIR ALI
|
| Lawyers |
Syed Misbah-ul-Hassan Abidi,
Tafazzal H. Rizvi
|
| Petitioners |
another,
Mst. NAJMA YASMIN
|
| Respondents |
2 others,
Mst. FIRDOUS KHALID
|
| Citations |
2002 SLD 1924,
2002 CLC 1085
|
| Other Citations |
1991 SCMR 2527,
PLD 1987 SC 22,
1987 SCMR 1365,
PLD 2001 SC 228,
PLD 1991 SC 957,
1993 SCMR 1071,
PLD 1994 SC 874
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VIII, R. 1,
O. VIII, R. 10,
O. IX, R. 13,
Ss. 5 & 14 of Limitation Act (IX of 1908)
|