| Case ID |
3cda01c6-b5f2-4431-aeb4-28c82b859052 |
| Body |
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| Case Number |
Civil Appeal No. K-19 of 1962 |
| Decision Date |
Nov 21, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the ex parte proceedings ordered by the Sub-Judge were invalid as they were not in accordance with law. The court emphasized that ex parte proceedings can only be ordered if the defendant is absent on the date fixed for hearing or the date adjourned by the court. The court found that the order directing ex parte proceedings was a nullity and set aside the ex parte decree. The case was remanded for hearing from the stage it was at before the invalid orders were made. This ruling reinforced the principles of natural justice, ensuring that parties have the right to be heard before any adverse decisions are made against them. |
| Summary |
In the landmark case of Civil Appeal No. K-19 of 1962, the Supreme Court of Pakistan addressed significant issues regarding ex parte proceedings under the Civil Procedure Code. The case arose from a contractual dispute between the appellants and respondents concerning a timber supply agreement. The court found that the lower courts had failed to adhere to procedural requirements, particularly regarding notice and the right to a fair hearing. The decision underlined the importance of judicial discretion and the necessity of following legal protocols to safeguard the rights of all parties involved. The ruling has implications for future cases regarding the validity of ex parte orders and reinforces the principles of natural justice within the legal framework of Pakistan. Legal practitioners and scholars should closely analyze this case to understand its impact on procedural law and the enforcement of rights in civil litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
B. Z. KAIKAUS, J.,
HAMOODUR RAHMAN, J.
|
| Lawyers |
A. K. Brohi Senior Advocate Supreme Court,
Syed M. Sadiq Advocate Supreme Court,
Ghulam Ali Memon Attorney for Appellants,
Syed Sharif-ud-Din Senior Advocate Supreme Court,
Shaikh Azmatullah Advocate Supreme Court,
Shafiq Ahmed Attorney
|
| Petitioners |
ANOTHER,
MUHAMMAD SWALEH
|
| Respondents |
MESSRS UNITED GRAIN & FODDER AGENCIES
|
| Citations |
1964 SLD 155,
1964 PLD 97
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Evidence Act (1 of 1872),
Limitation Act, 1877
|
| Sections |
151,
115,
Order XVII rule 1,
Order XVII rule 2,
Order XIII rule 9,
Order IX rule 6,
44,
164
|