| Case ID |
429c024c-5c10-42e8-a8e1-621f9d1851d5 |
| Body |
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| Case Number |
Civil Petition No.212-K of 1988 |
| Decision Date |
Jun 26, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court found that the trial court acted unjustly by ordering ex parte proceedings without ensuring proper service of summons to the defendant. The court emphasized the importance of issuing fresh summons, especially after a long period of inactivity in the case. The High Court's decision to set aside the ex parte decree and remand the case for trial was upheld, as the defendant's case had not been heard on merits due to procedural lapses. The court noted the necessity of justice and fair trial in civil litigation, reflecting on the implications of lengthy delays in the judicial process. |
| Summary |
This case revolves around a civil petition regarding the issuance of fresh summons and ex parte proceedings in a prolonged litigation scenario. The Supreme Court of Pakistan addressed significant procedural issues under the Civil Procedure Code, particularly focusing on the rights of the defendants to a fair trial and the necessity of proper service of summons. The court reiterated the importance of judicial efficiency and fairness, especially in cases with a history of delays. The decision highlighted that even when a party appears to be aware of proceedings, due diligence in serving legal notices is paramount. The ruling serves as a guide for future cases dealing with ex parte proceedings and the remand of cases for trial, emphasizing the balance between procedural technicalities and the quest for justice. Keywords such as 'Civil Procedure Code', 'ex parte proceedings', 'fair trial', and 'judicial efficiency' are crucial for understanding the implications of this ruling and its relevance to ongoing discussions in legal circles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Aitzaz Ahsan,
Manzoor Ilahi
|
| Petitioners |
Haji Shah Nawaz through his Legal Heirs
|
| Respondents |
Aitzaz Ahsan,
Manzoor Ilahi
|
| Citations |
1988 SLD 310 = 1988 PLD 642
|
| Other Citations |
Rehman Weaving Factory v. I.D.B.P. PLD 1981 SC 21
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
0. IX, Rr. 9, 10, 11, 12 & 13,
0. XLI, R.23
|