| Case ID |
f9619d53-3107-4acd-968d-bd482137520c |
| Body |
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| Case Number |
Civil Revision No.339-D of 1998 |
| Decision Date |
Mar 16, 2005 |
| Hearing Date |
Mar 16, 2005 |
| Decision |
The Lahore High Court accepted the revision petition and set aside the impugned orders of the Trial Court and Appellate Court. The application for restoration of the suit was allowed, determining that the suit had not been fixed for hearing, and that the legal heirs of the deceased plaintiffs had already been brought on record during an earlier revision. The Court emphasized the necessity for the lower courts to apply a conscious mind to the facts on record and issue proper directions. The case was remitted to the learned Senior Civil Judge, Khanewal, to proceed from the stage at which it was before the ex parte decree was set aside. |
| Summary |
In the case of 'ABDUL SHAKOOR and others vs FAUJA and another', the Lahore High Court addressed a civil revision concerning the dismissal of a suit for non-prosecution due to the non-appearance of the plaintiffs. The court found that the original case had not been fixed for hearing, and the legal heirs of the deceased plaintiffs had already been impleaded in a prior revision, negating the need for further action in the main suit. The ruling underscored the importance of judicial diligence and the proper application of law, particularly regarding the Civil Procedure Code. This case illustrates the critical role of procedural correctness in the administration of justice and highlights the legal principles regarding the impleadment of legal heirs in ongoing proceedings. The decision reinstated the suit, allowing it to proceed in the appropriate judicial forum. Keywords include Lahore High Court, Civil Procedure Code, legal heirs, non-prosecution, and judicial administration. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ
|
| Lawyers |
Syed Muhammad Ali Gillani,
Ch. Muhammad Siddique
|
| Petitioners |
others,
ABDUL SHAKOOR
|
| Respondents |
another,
FAUJA
|
| Citations |
2005 SLD 1300,
2005 CLC 1062
|
| Other Citations |
Meer Ghulam Abbas and others v. Hashim and others 1969 SCMR 257,
Zakria Begum v. Aziz Ahmad and others 1986 CLC 2410(2),
Ch. Meraj Din v. Mst. Zohra Begum PLD 1981 Lah. 451
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.IX, Rr.8, 9,
O.XXII, R.3,
S. 115,
O.XXII, Rr.3, 4
|