| Case ID |
43a06afc-739a-43ae-b03d-7307afad55b4 |
| Body |
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| Case Number |
Civil Petition No. 3076 of 2001 |
| Decision Date |
Nov 26, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition seeking leave to appeal against the Lahore High Court's decision. The case involved a suit for recovery of money that had been decreed ex parte due to the petitioner's failure to appear and contest the case. The petitioner argued that the decree was invalid as the correct address was not provided, leading to improper service of summons. However, the court found that proper service had been conducted and that the petitioner's application for setting aside the decree was filed beyond the statutory limitation period. Therefore, the High Court's dismissal of the application was upheld as justified and reasonable. |
| Summary |
In the case of Civil Petition No. 3076 of 2001, the Supreme Court of Pakistan addressed significant issues regarding the proper service of summons and the validity of ex parte decrees under the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The petitioner, Messrs Kapur Textile Mills Limited, sought to overturn a decree issued by the Lahore High Court for the recovery of money, claiming that they were not served properly due to an incorrect address listed in the plaint. The court evaluated whether the service of summons was conducted according to legal requirements and whether the petitioner's application to set aside the decree was timely. The findings indicated that the service was adequate and that the petitioner's failure to act within the specified limitation led to the dismissal of their appeal. The decision underscored the importance of adhering to procedural rules in civil litigation and affirmed the High Court's ruling, emphasizing that no substantial question of law was involved in the case. This case highlights the critical nature of compliance with legal protocols and the consequences of neglecting them in judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
BANKERS EQUITY LIMITED,
KAPUR TEXTILE MILLS LIMITED
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Ali Sibtain Fazli,
Mahmood A Qureshi
|
| Petitioners |
Messrs KAPUR TEXTILE MILLS LIMITED
|
| Respondents |
BANKERS EQUITY LIMITED
|
| Citations |
2003 SLD 3431,
2003 PLD 212
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12,
9(4),
O.XXXVII, R.2,
Art.185(3)
|