Case Details

Citation(s)
2013 SLG 1614 2013 SLD 1614 2013 SCMR 1047
Supreme Court of Pakistan
Civil Appeal No.40 of 2013, decision dated: 18-04-2013. (On appeal from judgment of Lahore High Court, Multan Bench, dated 24-9-2012, passed in Civil Revision No.388-D of 1993.)
ANWAR ZAHEER, JAMALI AND IQBAL HAMEEDUR RAHMAN, JJ

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BASHIR AHMED and others

VS

AHMED YAR KHAN and others

Law:

Section:

Civil Procedure Code (V of 1908)---S. 115(1), first proviso---Civil revision petition dismissed by High Court solely on account of non-filing of certified copies of certain documents as required by first proviso to S.115(1), C.P.C.---Propriety---Admittedly, on the date of hearing of revision petition record and proceedings (R&Ps) of two courts below were available with the High Court so as to enable it to hear and decide the revision petition on merits, but still it opted to dismiss the petition on technical grounds without even calling upon the petitioner to do the needful in such regard---Such harsh approach adopted by the High Court which derailed the spirit of the judicial system for dispensation of justice on merits could not be approved---Counsel for both parties agreed that revision petition being 20 years old, might be remanded to the High Court for disposal on merits and in accordance with law---Supreme Court set aside impugned order in circumstances and remanded the case to High Court for disposal on merits. ORDER ANWAR ZAHEER JAMALI, J.---This civil appeal, with leave of the Court, is directed against the order dated 24-9-2012, in Civil Revision No.388-D of 1993 (Re: Bashir Ahmed and others v. Ahmed Yar Khan and others), passed by a learned single Judge in chambers of Lahore High Court, Multan Bench, whereby, this civil revision petition was dismissed solely on account of non-filing of certified copies of certain documents as required by first proviso to subsection (1)…
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