| Case ID |
47cd420c-9278-4afa-b126-5129c6f3c06d |
| Body |
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| Case Number |
C. Rev. 108 of 2014 |
| Decision Date |
Apr 18, 2016 |
| Hearing Date |
Mar 29, 2016 |
| Decision |
The court dismissed the revision petition, affirming that the ex-parte decree was valid as the petitioners had absented themselves during the proceedings. The court emphasized the necessity for parties to appear and participate in hearings, particularly highlighting that the limitation period for filing an application to set aside the ex-parte decree had lapsed without sufficient justification provided by the petitioners. The ruling clarified the role of the ministerial officer and the legal implications of their actions, concluding that the absence of the petitioners was unjustifiable and led to the upholding of the original decree. |
| Summary |
This case revolves around the dismissal of a revision petition concerning an ex-parte decree passed due to the absence of the defendants, Ali Haider and others. The case was initially filed in the Civil Court, and after a series of proceedings, the petitioners were found to have failed to appear at crucial hearings. The court underscored the importance of adhering to procedural timelines and the significance of each party's presence in court to avoid default judgments. The ruling also discussed the limitations under the Civil Procedure Code and the Limitation Act, stressing that the petitioners did not adequately demonstrate the reasons for their absence, which ultimately led to the dismissal of their application to set aside the ex-parte decree. This case serves as a critical reminder of the necessity for legal representation and active participation in legal proceedings to safeguard one's rights. |
| Court |
Unknown Court
|
| Entities Involved |
Not available
|
| Judges |
YAR MUHAMMAD
|
| Lawyers |
Muhammad Qasim Shehzad,
Akhtar Ali
|
| Petitioners |
ALI HAIDER,
Unknown
|
| Respondents |
MURTAZA KHAN,
Unknown
|
| Citations |
2017 SLD 2510,
2017 YLR 2191
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
13,
5,
5,
164
|