| Case ID |
f6579881-3c06-4566-a342-639c86f508d6 |
| Body |
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| Case Number |
Civil Revision No. 32 of 2017 |
| Decision Date |
Mar 18, 2020 |
| Hearing Date |
Mar 11, 2020 |
| Decision |
The civil revision petition was filed against the dismissal of the Civil First Appeal by the learned District Judge Astore due to non-deposit of the publication fee. The court found that no specific directions were given to the petitioners regarding the deposit of the publication fee. The appeal was dismissed when it was not scheduled for hearing, leading to the conclusion that the petitioners' application for readmission was well within the time limit set by Article 181 of the Limitation Act, which allows for a three-year period to file an appeal. Consequently, the impugned orders were set aside, and the appeal was remanded to the appellate court for a decision on merits after hearing both parties. The decision emphasized the importance of proper communication and procedural adherence in civil cases. |
| Summary |
This case revolves around a civil revision petition filed under section 115 read with section 151 of the Civil Procedure Code (C.P.C.) by the petitioners against the orders passed by the District Judge Astore. The petitioners challenged the dismissal of their Civil First Appeal on the grounds of non-deposit of the publication fee, which they argued was not properly communicated to them. The court reviewed the circumstances surrounding the dismissal and the procedural requirements under the Limitation Act. The ruling highlighted key legal principles regarding the handling of appeals and the necessity of clear directives from the court regarding procedural compliance. Ultimately, the petition was accepted, and the case was sent back to the appellate court for further consideration. The case emphasizes the balance between procedural rigor and the right to a fair hearing in civil litigation. |
| Court |
Not Specified
|
| Entities Involved |
Not available
|
| Judges |
ALI BAIG
|
| Lawyers |
Raja Shakeel Ahmed,
Aneesullah,
Umar Hussain,
Faqir Shakir,
Didar Aman Shah,
Additional Advocate-General
|
| Petitioners |
EHLIAN-E-BUNJI THROUGH REPRESENTATIVES
|
| Respondents |
7 OTHERS,
FEDERAL GOVERNMENT THROUGH DEFENCE SECRETARY, ISLAMABAD
|
| Citations |
2020 SLD 1926,
2020 MLD 1765
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
19,
96,
181,
168
|