| Case ID |
e9fa6079-ae0f-4d6e-9335-add54c57e328 |
| Body |
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| Case Number |
Writ Petition No. 12119 of 2003 |
| Decision Date |
Apr 27, 2004 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, GULZAR, allowing an extension for the deposit of the surety bond that was previously dismissed by the learned Additional District Judge. The court found that there were sufficient grounds presented by the petitioner regarding a misunderstanding of the court's order. The decision emphasized that under Section 148 of the Civil Procedure Code, the court has the discretion to extend time limits for good reason. The court ordered the petitioner to deposit the surety bond by May 8, 2004, and imposed costs on the petitioner for the delay. The previous order denying the extension was declared illegal and void. |
| Summary |
This case revolves around a constitutional petition filed by GULZAR against BASHIR AKHTAR and others concerning the extension of time for depositing a surety bond. The petitioner argued that a misunderstanding of the order led to the failure to comply with the court's directive. The Lahore High Court highlighted the importance of Section 148 of the Civil Procedure Code, which allows for extensions upon showing sufficient cause. The court's decision underscores the balance between procedural compliance and the equitable consideration of the parties' circumstances. The case cites previous rulings, reinforcing the principle that courts can exercise discretion in matters of procedural timelines, especially when misunderstandings occur. This case is significant for its interpretation of procedural law and the rights of petitioners in seeking extensions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Mrs. Tabinda Islam for Petitioner.,
Malik Amir Muhammad Joiya for Respondent No. 1.
|
| Petitioners |
GULZAR
|
| Respondents |
2 others,
BASHIR AKHTAR
|
| Citations |
2004 SLD 1962,
2004 CLC 1518
|
| Other Citations |
Muhammad Farooq Imam v. Claims Commissioner, Lahore and 2 others PLD 1964 SC 585,
Dr. Sher Din Batra v. Abdul Rehman Wahla PLD 1983 Lah. 491
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
148,
199
|