| Case ID |
422477d9-5134-412e-9767-a8bda7e2f27c |
| Body |
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| Case Number |
Regular First Appeal No.436 of 2000 |
| Decision Date |
Nov 21, 2001 |
| Hearing Date |
Nov 21, 2001 |
| Decision |
The Lahore High Court ruled that the Trial Court had erred in deciding both suits based on evidence from a suit in which the appellants were not parties. The High Court directed the Trial Court to consolidate the suits and to implead the appellants in the other suit. The judgment and decree passed by the Trial Court were set aside, and the case was remanded for fresh decision. This ruling emphasized the importance of due process and the rights of all parties involved in litigation, ensuring that evidence is fairly presented and considered. The High Court underscored the necessity of parties being present in proceedings that directly affect their legal rights, thus reinforcing principles of justice and equity in civil proceedings. |
| Summary |
In this case, the Lahore High Court addressed issues arising from two pending suits involving specific performance of a contract for the sale of land. The core of the dispute centered around the execution of an agreement to sell by Malik Muhammad Ismail in favor of the respondents, who subsequently faced refusal from Ismail's legal heirs to perform their contractual obligations. The appellants, who had entered into a separate agreement with Ismail, were not included in the proceedings of the first suit, leading to a decision that adversely affected their rights. The High Court found that the Trial Court had improperly relied on ex parte evidence from a suit in which the appellants were not parties, violating principles of natural justice. The judgment emphasizes the significance of proper party representation and the requirement for the consolidation of related suits to ensure fair adjudication. The ruling clarifies that courts have the authority to implead necessary parties and consolidate cases to facilitate comprehensive resolution of disputes. This case serves as a critical reference point in civil procedure, particularly concerning the rights of parties and the need for transparency in judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD,
MIAN SAQIB NISAR
|
| Lawyers |
Syed Muhammad Kaleem Ahmad Khurshid,
Ch. Mushtaq Hussain
|
| Petitioners |
MUHAMMAD ARIF
|
| Respondents |
,
Malik MUHAMMAD FAROOQ
|
| Citations |
2002 SLD 1961,
2002 CLC 1361
|
| Other Citations |
Muhammad Mehrban v. Sadar Din and others 1992 MLD 2179,
Mukhtar Baig and others v. Sardar Baig, and others 2000 SCMR 45,
Industrial Development Bank of Pakistan v. Mst. Saadia Azmat Ullah and others 1999 SCMR 2874,
Haji Ghulam Rasool v. Sh. Imdad Hussain and others PLD 1968 Lah. 501,
Mst. Jahana Bibi v. Iqbal 1991 CLC 553,
M.A. Khan v. Khan PLD 1984 Lah. 396,
Raam Naraianan and others v. Nawab Sajad Ali Khan AIR 1946,
Hirnavan v. Basson AIR 1943 Cal. 227
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
151,
O. XLI, R.33,
O. I, R.10,
O. VI, R. 17,
O. VIII, R. 9,
Art.57
|