| Case ID |
fff4f001-4add-4958-889f-c98333a4474f |
| Body |
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| Case Number |
Civil Revision No. 226132 of 2018 |
| Decision Date |
Jun 04, 2020 |
| Hearing Date |
Jun 04, 2020 |
| Decision |
The petition was allowed, and the judgment dated 3rd July, 2018, passed by the learned Additional District Judge was set aside. Consequently, the order of the learned Senior Civil Judge (Judicial), Sargodha, was restored, and the application for restoration of the suit was dismissed. The court emphasized that suits should be decided on merits, but the provisions of Order IX, Rule 9, of C.P.C. cannot be dispensed with merely on the desire for a decision on merits. |
| Summary |
This case, heard by the Lahore High Court, involves a civil revision filed by Ejaz Ahmad through his attorney against the legal heirs of Rai Muhammad Riaz and others. The case revolved around a suit for specific performance of an agreement to sell a petrol pump. Initially dismissed for non-prosecution, the suit was restored based on a conceding statement but was dismissed again due to non-payment of costs. The appeal was accepted by the Additional District Judge, but the Lahore High Court set aside that judgment, restoring the decision of the Senior Civil Judge, which dismissed the application for restoration. The court highlighted the importance of prosecuting cases diligently and adhering to legal provisions, emphasizing that suits should be decided on merits rather than technicalities. This case references key legal principles, including 'sufficient cause' and its interpretation under Order IX, Rule 9, of the Civil Procedure Code, making it crucial for understanding procedural law in civil cases. |
| Court |
Lahore High Court
|
| Entities Involved |
District Nazim Pakpattan Sharif,
Muhammad Arshad & CO.,
Zila Council, Pakpattan Sharif,
Muhammad Tariq Mansoori,
Abdul Ghani Mansoori
|
| Judges |
MIRZA VIQAS RAUF
|
| Lawyers |
Imran Muhammad Sarwar for Petitioner,
Malik Anwar-un-Nabi for Respondents Nos.1(i) to 1(iv),
Muhammad Qamar-uz-Zaman for Respondents Nos.2(i) to 3,
Nemo. for Respondents Nos.4(i) to 4(iii)
|
| Petitioners |
EJAZ AHMAD THROUGH ATTORNEY
|
| Respondents |
RAI MUHAMMAD RIAZ (DECEASED) THROUGH LEGAL HEIRS AND OTHERS
|
| Citations |
2020 SLD 1700,
2020 CLC 1652
|
| Other Citations |
2006 SCMR 1450,
2013 CLC 1763,
PLD 1964 SC 236,
PLD 2001 SC 355
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
8,
9,
12
|