| Case ID |
4321d1d4-b790-4b6b-8a11-1896c7f4da02 |
| Body |
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| Case Number |
Civil Revision No. 542 of 2004 |
| Decision Date |
Jul 16, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Civil Revision filed by the petitioner challenging the validity of the orders of the lower courts. The petitioner raised objections regarding the jurisdiction of the Conciliation Court, arguing that the decree was passed without the presence of all necessary members, rendering it coram non judice. The court held that the executing court cannot question the correctness of a decree and must adhere to the terms established in the decree. The High Court found no legal infirmity in the orders of the lower courts and upheld their decisions, concluding that the objections raised by the petitioner did not merit reconsideration. |
| Summary |
In the case of Civil Revision No. 542 of 2004 before the Lahore High Court, the petitioner, Hafiz Nazir Ahmed, challenged the execution of an ex parte decree issued by a Conciliation Court. The petitioner argued that the decree was invalid as it was issued by the Chairman alone, without input from the other two members, thus lacking jurisdiction. The High Court, presided over by Judge Muhammad Farrukh Irfan Khan, examined the objections raised by the petitioner and referenced several key legal precedents. Ultimately, the court ruled that the executing court is not authorized to re-evaluate the decree's validity and must operate within its limits as prescribed by the decree. The decision reaffirmed the principle that once a decree is established, it must be executed according to its terms, without alteration or reconsideration of its merits. The ruling emphasized the importance of jurisdiction in legal proceedings and upheld the integrity of the judicial process regarding the execution of decrees. This case highlights critical aspects of civil procedure and the boundaries of judicial authority, making it a significant reference for future cases involving similar legal principles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Abdul Jalil Khan,
Malik Imtiaz Mehmood Awan
|
| Petitioners |
Hafiz NAZIR AHMED
|
| Respondents |
ZAIN UL ABIDEEN
|
| Citations |
2015 SLD 2132,
2015 YLR 1606
|
| Other Citations |
Allah Ditta v. Ahmad Ali Shah 2003 SCMR 1202,
Muhammad Tariq Khan v. Muhammad Jawwad 2007 SCMR 818,
Naseem Akhtar v. Shalimar General Insurance Company 1994 SCMR 22,
Habib Bank v. Wasim 2007 CLD 473,
Shafqat Ullah v. Land Acquisition 2006 CLC 1555
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Conciliation Courts Ordinance (XLIV of 1961)
|
| Sections |
O. XXI, Rr. 11,
O. XXI, Rr. 47,
S. 3,
S. 5
|