| Case ID |
3d48f1e0-32e5-4a40-a640-c605acabc619 |
| Body |
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| Case Number |
F.A.O. No. 197 of 2014 |
| Decision Date |
Apr 17, 2018 |
| Hearing Date |
Apr 17, 2018 |
| Decision |
The Lahore High Court dismissed the appeal filed by INTERACT PRIVATE LTD. against the order of the Additional District Judge, Lahore, which had dismissed the objection petition regarding the execution of a decree for damages. The court determined that the objections raised by the appellant were time-barred under the relevant provisions of the Civil Procedure Code. The court found that the appellant failed to demonstrate timely awareness of the attachment order, and thus, the objections could not be entertained. The High Court upheld the ruling of the lower court, emphasizing that when a claim is dismissed on the grounds of limitation, there is no need to delve into the merits of the case. The appeal was thus dismissed without any order as to costs. |
| Summary |
This case involves INTERACT PRIVATE LTD. appealing against the decision of the Additional District Judge regarding the execution of a decree for damages awarded for defamation. The court primarily focused on the issue of whether the objections raised by the appellant were filed within the permissible time frame. The court highlighted the importance of adhering to procedural timelines in execution cases. The judgment reiterates the principle that if a claim is dismissed based on procedural limitations, the substantive issues do not need to be addressed. The case underlines the significance of legal representation and the necessity for parties to be aware of court orders to avoid adverse rulings. Keywords: Lahore High Court, execution of decree, Civil Procedure Code, defamation, legal representation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ATIR MAHMOOD
|
| Lawyers |
Barrister Hassan Nawaz Sheikh
|
| Petitioners |
INTERACT PRIVATE LTD. THROUGH COMPANY SECRETARY
|
| Respondents |
3 OTHERS,
AZAM SULTAN SUHARWARDY
|
| Citations |
2018 SLD 2663,
2018 CLC 1904
|
| Other Citations |
M.C.B. Bank Ltd. v. Duty Free Shop Ltd. PLD 2011 Kar. 586,
Sachida Prasad Singh and others v. Giraja Prasad Singh and another AIR 1980 Patna 136,
National Insurance Corporation and others v. Pakistan National Shipping Corporation and others 2006 CLD 85,
Islamabad Stock Exchange (Guarantee) Limited, Islamabad through Secretary v. First Punjab Modaraba through Punjab Madaraba Services (Private) Limited, and 2 others 2003 CLD 1587,
Pattoki Sugar Mills Limited through Chief Executive v. Water and Power Development Authority (WAPDA) through Chairman and 4 others 2007 CLD 659,
Nan Fung v. H. Pir Muhammad Shamsdin PLD 1995 Kar. 421
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Pakistan Electronic Media Regulatory Authority Rules, 2009,
Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)
|
| Sections |
47,
O.XXI,R.58,
R.16(2),
S.37
|