| Case ID |
41ba9d84-d85c-4763-bde5-5921fc6f6345 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 1745 of 2010 |
| Decision Date |
Mar 25, 2022 |
| Hearing Date |
Mar 25, 2022 |
| Decision |
The Lahore High Court set aside the judgments and decrees passed by the two lower courts and remanded the matter to the Trial Court for a fresh decision. The Court found that the earlier dismissal of the suit was based on the erroneous assumption that the issue of improper valuation constituted a formal defect. The Court emphasized that a suit cannot be dismissed on the grounds of improper valuation as this can be rectified after evidence is recorded. The judgment highlighted the need for evidence in cases where issues raised are mixed questions of law and fact, asserting that such issues cannot be treated as preliminary or legal issues. The Court also pointed out that the lower appellate court failed to rectify the errors committed by the trial court. |
| Summary |
In the case of Civil Revision No. 1745 of 2010, the Lahore High Court addressed critical issues surrounding the Specific Relief Act and the Civil Procedure Code. The petitioners, NASIR SOHAIL AABID and others, challenged the decisions of two lower courts which had struck off their defense based on the grounds of improper valuation of the suit. The High Court found that the trial court had acted illegally and with material irregularities. The ruling underscored that any issue involving mixed questions of law and fact necessitates the recording of evidence, and cannot simply be dismissed on technical grounds. This decision is pivotal as it reinforces the rights of plaintiffs in civil litigation, ensuring that cases are not prematurely dismissed due to procedural missteps. The decision also reiterates the importance of thorough judicial review and the responsibilities of trial courts to allow for the presentation of evidence before making determinations on such critical issues. The High Court's intervention serves as a reminder of the judicial system's role in safeguarding fair trial rights and maintaining the integrity of legal processes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Anwaarul Haq Pannun, J
|
| Lawyers |
Rana Rashid Akram Khan,
M. Shuja ul Hakeem,
Malik Tariq Ali Jindran
|
| Petitioners |
NASIR SOHAIL AABID and others
|
| Respondents |
Mst. AISHA BIBI through L.Rs. and others
|
| Citations |
2023 SLD 2067,
2023 YLR 1222,
2023 SLD
|
| Other Citations |
I.C.I.C. v. Mian Rafiq Saigol and others PLD 1996 Lah. 528,
Irshad Ali v. Sajiad Ali and 4 others PLD 1995 SC 629,
Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR 148
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
115,
1,
2,
3
|