| Case ID |
f78df146-eed0-4bbb-b0aa-d3a108917d60 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-2002 of 1995 |
| Decision Date |
Dec 12, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the High Court's order that set aside an ex parte decree. The High Court found that the defendant had not been properly served with summons, which led to the ex parte decree against him. The case was remanded to the Trial Court for a fresh decision on merits. The Supreme Court ruled that there was no question of public importance involved in the appeal, and thus, the leave to appeal was refused. |
| Summary |
This case revolves around the procedural aspects of civil law, specifically regarding ex parte decrees and the proper service of summons. The petitioner, Ahmed Khan, filed a suit against Haji Muhammad Qassim, but the summons could not be served appropriately, leading to an ex parte decree. The High Court set aside this decree, emphasizing the necessity of proper service in legal proceedings. The Supreme Court upheld the High Court's decision, reinforcing the principle that no party should be condemned unheard. The case highlights the importance of due process in civil litigation, ensuring that all parties are given a fair chance to present their case. This ruling is significant for practitioners in civil law, particularly in matters involving procedural irregularities and the rights of defendants. Keywords include civil procedure, ex parte decree, legal representation, due process, and judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
Petitioner in person,
Nemo for Respondents
|
| Petitioners |
AHMED KHAN
|
| Respondents |
others,
Haji MUHAMMAD QASSIM
|
| Citations |
2002 SLD 1217,
2002 SCMR 664
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. IX, R.13,
Art.185(3)
|