| Case ID |
d5ac69b0-ceb5-4775-a495-4b816f929ad5 |
| Body |
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| Case Number |
Civil Revision No. 1508 of 1983 |
| Decision Date |
Feb 02, 1998 |
| Hearing Date |
Feb 02, 1998 |
| Decision |
The Lahore High Court allowed the revision application, setting aside the ex parte decree and proceedings against Pakistan Railway. The Court noted that the suit was filed without proper service of notice as mandated by Section 80 of the Civil Procedure Code (C.P.C.). It highlighted that the ex parte decree was rendered void and without jurisdiction as it was passed before the statutory period of three months for filing a written statement had expired. The Court emphasized that the application for setting aside the decree was filed within the three-year limitation period from the date of acquiring knowledge of the decree. The Court remanded the case for a fresh decision on merits by the learned Trial Court, ensuring compliance with legal provisions. |
| Summary |
This case revolves around the procedural intricacies of civil litigation, particularly regarding the necessity of proper notice when a suit is filed against a governmental entity like Pakistan Railways. The Lahore High Court addressed the legal implications of ex parte proceedings and the rights of defendants in such contexts. Central themes include the judiciary's adherence to procedural mandates outlined in the Civil Procedure Code, especially Section 80, which requires the government to be given a fair opportunity to respond before any adverse orders are made. The ruling reinforces the importance of due process and the right to a fair hearing, even when the parties involved are government entities. The judgment has significant implications for future cases involving government bodies, ensuring that legal standards are upheld to prevent unjust outcomes. Keywords related to civil procedure, ex parte decrees, and governmental litigation are vital for understanding the case's impact and relevance in legal practice. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railway,
Chairman, Pakistan Railway Headquarters Office
|
| Judges |
SYED NAJAM-UL-HASSAN KAZMI, J
|
| Lawyers |
Syed Muhammad Naqi,
Riaz Karim Qureshi
|
| Petitioners |
PAKISTAN RAILWAY through Chairman, Pakistan Railway Headquarters Office, Lahore High Court
|
| Respondents |
Ch. ABDUR RAZ2AQ
|
| Citations |
1998 SLD 1401,
1998 CLC 1229
|
| Other Citations |
Government of Punjab through Collector, Gujranwala District and another v. Shah Muhammad PLD 1982 Lah.115,
Islamic Republic of Pakistan v. Messrs Babar & Company 1984 CLC 1535,
Sardar Khan v. Government of the Punjab 1989 MLD 900,
Islamic Republic of Pakistan v. Messrs M. Siddique & Co. 1990 ALD 333
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
80,
12(2),
O. IX, R. 13
|