| Case ID |
52884020-f31b-483e-984d-324efac25744 |
| Body |
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| Case Number |
W.P. No. 18910 of 2005 |
| Decision Date |
Oct 16, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the writ petition, declaring the order of the revisional court as illegal and without lawful authority. The court emphasized that the trial court had not adjudicated upon the matter and had only framed issues to decide the application. The application for restoration of the previous application and for setting aside the ex-parte order was deemed pending adjudication, allowing the petitioners the opportunity to present their case in full. This decision highlighted the importance of proper judicial process and the need for all parties to be heard before final determinations are made. |
| Summary |
In the case of W.P. No. 18910 of 2005, the Lahore High Court addressed a significant issue regarding the application for restoration of an ex-parte order under the Civil Procedure Code, 1908. The case arose from a dispute where Ghulam Muhammad had allotted land that was subsequently contested by Rehmat Ali. The petitioners' application for setting aside an ex-parte decree was dismissed by the trial court, leading to the petitioners seeking relief from the revisional court. The Lahore High Court ruled that the trial court had not properly adjudicated the case and that the framing of issues does not constitute a 'case decided'. The decision underscores the importance of ensuring that all parties have the opportunity to present their evidence and arguments, especially in matters involving significant rights. This ruling reinforces the legal principle that a proper examination of facts and circumstances must occur before any final judgment is rendered, ensuring fairness in judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J.
|
| Lawyers |
Ms. Aaliya Neelum,
Ch. Nasrullah Nasir Bhangoo
|
| Petitioners |
10 others,
MUHAMMAD RASHID
|
| Respondents |
another,
REHMAT ALI
|
| Citations |
2007 SLD 3175,
2007 PLJ 1101
|
| Other Citations |
PLD 1973 SC 507,
1992 SCMR 718,
1985 CLC 1605,
PLD 1993 SC 109
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
115,
Order IX, Rule 13
|