| Case ID |
ffda2c5f-9ad2-4e93-956a-5a6030d24880 |
| Body |
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| Case Number |
R.S.A. No. 37 of 2017 |
| Decision Date |
Dec 23, 2022 |
| Hearing Date |
Nov 25, 2022 |
| Decision |
The appeal was allowed by setting aside the impugned judgment and decree. The case was remanded to the Trial Court with the direction to implead the appellants in the array of the defendants by obtaining an amended plaint from the plaintiff. After submission of written statements by the appellants, the trial court was instructed to proceed with the case further. The guiding principle was that every litigant should be provided with a fair opportunity to present and defend their case, ensuring that no one is condemned unheard. |
| Summary |
The Lahore High Court case, R.S.A. No. 37 of 2017, revolved around a suit for declaration, possession, and permanent injunction. The appellant, Mian JAVED AKHTAR, contended that the disputed land was fraudulently transferred by his attorney, respondent No.6, to Gulzar Butt, respondent No.2. Despite the suit being decreed in favor of the plaintiff, the appellants were not initially included as defendants. The case was remanded to the trial court to ensure that the appellants were properly impleaded, highlighting the importance of fair representation and the legal principle that no one should be condemned unheard. This case underscores the relevance of the Specific Relief Act, 1877, and the Civil Procedure Code, 1908, in property dispute resolutions, emphasizing the need for thorough legal procedures and the rights of all parties to be heard. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Akram,
Respondent No.1,
Chaudhry Zulfiqar Ahmad,
Gulzar Butt
|
| Judges |
Shahid Bilal Hassan, J
|
| Lawyers |
Mahmood Ahmad Bhatti for Appellants,
Malik Nasim Akhtar Awan for Respondents
|
| Petitioners |
another,
Mian JAVED AKHTAR
|
| Respondents |
others,
Rana MUHAMMAD ISMAIL
|
| Citations |
2024 SLD 2536,
2024 YLR 251
|
| Other Citations |
PLD 1969 SC 65,
2009 SCMR 385,
2011 CLC 1619
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
8,
54,
1,
10
|