| Case ID |
d2e784a5-04ac-4a87-865c-43c9af35ffe1 |
| Body |
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| Case Number |
Civil Petition No 1106 of 1983 |
| Decision Date |
Sep 13, 1988 |
| Hearing Date |
Sep 13, 1988 |
| Decision |
The petition for leave to appeal was filed by a defendant in a money suit against the dismissal by the High Court of her Civil Revision. The respondent's suit was decreed ex parte, and the petitioner's application for setting aside the ex parte decree was dismissed as time-barred. The appeal and Civil Revision were also dismissed. Despite arguments presented regarding the non-appearance before the trial Court and the merits of the case, the Supreme Court held that the application for setting aside the decree was not a fit case for granting leave to appeal. The non-appearance was not sufficiently explained, and there was no reason to deny the relief claimed by the respondent, which was allowed by the Trial Court. Consequently, leave to appeal was refused. |
| Summary |
This case revolves around a civil petition filed in the Supreme Court of Pakistan concerning an ex parte decree in a money suit. The petitioner, Mst. NOOR JEHAN, sought to set aside the decree but faced dismissal due to time-bar issues. The court emphasized the importance of explaining non-appearance in court proceedings, which was inadequate in this case. The decision reiterated the principle that the courts must have valid reasons to grant relief, and in this instance, the relief was rightly denied as per the Trial Court's decision. The case illustrates fundamental legal principles regarding civil procedure and the necessity for active participation in legal processes to avoid adverse judgments. Keywords related to civil law, ex parte decrees, and appellate procedures are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Raja Muhammad Akram, Advocate Supreme Court,
Sh. Salahuddin, Advocate-on-Record
|
| Petitioners |
Mst. NOOR JEHAN
|
| Respondents |
Mst. RAZIA alias RAJJO
|
| Citations |
1989 SLD 644,
1989 SCMR 597,
1989 SLD 1200
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
185(3)
|