| Case ID |
677f1017-6465-4aea-b8fb-fce345c1dfcd |
| Body |
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| Case Number |
R.F.A. No.9 of 2005 |
| Decision Date |
Sep 29, 2011 |
| Hearing Date |
Sep 21, 2011 |
| Decision |
The appeal was directed against the order dated 17-12-2004, wherein the Civil Judge, Chaman dismissed the suit filed by the appellants. The High Court found that the trial court dismissed the suit erroneously under the misconception that it was fixed for hearing when it was actually an application that needed to be decided. The High Court set aside the impugned order and remanded the case back to trial court with clear directions to decide the pending application and then proceed with the suit. The decision emphasized the need for fair opportunity for both parties to present their evidence and concluded that the trial court must complete the proceedings within four months. |
| Summary |
This case revolves around the dismissal of a suit by the Civil Judge, Chaman, which was challenged by the appellants, Messrs Lahore Diocesan Trust Association Ltd. The case involved issues of property rights and the ability of the respondents to interfere with the religious practices of the Christian community. The appellants claimed that their property was occupied unlawfully, which led to their application for a declaration and injunction. The High Court found that the lower court had erred in dismissing the suit due to non-appearance of the appellants' counsel and not addressing the merits of the case. The High Court emphasized the importance of due process and the obligation of the trial court to consider the materials available before it. This case highlights significant aspects of civil procedure and the rights of religious communities regarding their properties. |
| Court |
Balochistan High Court
|
| Entities Involved |
Muslim Commercial Bank Chaman,
Christian community,
M/s Diocesan Trust
|
| Judges |
MUHAMMAD NOOR MESKANZAI,
NAEEM AKHTAR AFGHAN
|
| Lawyers |
Miss Tehmeena Samad,
H. Shakeel Ahmed,
Abdul Aziz Khilji
|
| Petitioners |
Messrs LAHORE DIOCESON TRUST ASSOCIATION LTD.
|
| Respondents |
SHAFI JOHN
|
| Citations |
2012 SLD 411,
2012 CLC 202
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.IX,R.8,
O.XVII,R.3
|