Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, Rr.16 & 30---Specific Relief Act (I of, 1877), S.42--­Affording opportunity of hearing to parties in appeal, requirement of--­Suit for declaration filed by the plaintiffs, to declare certain mutations in favour of the defendants based on a gift deed to be forged documents, was dismissed by the Trial Court---Appeal preferred by the plaintiffs against the said dismissal was successful---Contention of the defendant was that they were not afforded opportunity of hearing by the Appellate Court and the matter was hurriedly disposed of and as such material illegality and irregularity was committed by the Appellate Court in deciding the appeal---Validity---Record showed that the Appellate Court proceeded to decide the appeal on merits without hearing the defendants, so much so, that even the written arguments of the defendants were not on the file---Such a disposal of appeal was not contemplated by law as the procedure for hearing of appeals as provided under O.XLI, Rr.16 & 30, C.P.C. was to be followed in deciding the same---Word `hearing' appearing in O.XLI, Rr.16 & 30, C.P.C.---Interpretation---Disposal of appeal in the circumstances, was without hearing of the defendants and thus the impugned of the Appellate Court was set aside. (b) Administration of justice-- ----Justice delayed is justice denied, but there is equally the other aspect of the matter that some times justice hurried is justice buried---Court being charged with the duty of administering justice is expected to maintain a balance, so that neither the matter is delayed unnecessarily not it is disposed of such a hasty manner that it may be violative of basic principles of law. JUDGMENT A declaratory suit with consequential relief was instituted by Mst. Fazal Bibi and her daughter Mst. Salina Fardous (respondents) qua a gift deed dated 29-2-1992 and consequential mutations that the same was a forged document, ineffective and inoperative qua their rights. The suit was contested by the petitioners/defendants and was dismissed by the learned trial Court vide its judgment dated 2-4-1996. On the appeal preferred by the plaintiffs/respondents, the…

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