Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Constitution of Pakistan, 1973

Section: 10-A

Civil Procedure Code (V of 1908)--- ----S. 96---Constitution of Pakistan, Art. 10-A---Suit for declaration and permanent injunction---Appeal was accepted without service of respondent---Effect---Audi alteram partem, principle of---Applicability---Notice issued to the respondent was received back unserved and he was proceeded ex-parte and appeal was allowed---Validity---Only one notice was issued for service of respondent in the appeal---Service of respondent was not properly effected by the Appellate Court---Appellate Court did not repeat the process and adopt the other available mode of service to get effected the service of notice upon the respondent---Respondent was condemned unheard in the appeal by the Appellate Court---No one was to be condemned unheard---Impugned and decree passed by the Appellate Court were set aside---Matter was remanded to the Appellate Court with the direction to provide fair opportunity of hearing to the parties and thereafter decide the appeal on its own merits in accordance with law---Revision was allowed, in circumstances. Lal Guradia Group of Companies through Assistant Manager Terminal v. Abdul Nafey 2015 CLC 620 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This common judgment disposes of Civil Revision Petition No.33/2016 and Civil Revision Petition No.37/2016. The Civil Revision Petition No.33/2016 has been filed by the Base Commander Pakistan Air Force (PAF Base) Samungli Road Quetta, while the Civil Revision Petition No.37 of 2016 has been filed by the Government of Balochistan through MBR, against the judgement and decree dated 16th November 2015 (hereinafter, "the impugned judgment and decree") passed by learned Additional District Judge-VI Quetta (hereinafter, "the appellate Court"), whereby the appeal filed by the private respondents Nos.6 to 27 has been accepted and the suit was decreed and the judgment and decree dated 8th October 2015 passed by the lealned Senior Civil Judge-I Quetta (hereinafter, "the trial Court), has been set-aside. 2. Brief facts of the instant petitions are that the respondents Nos.6 to 27 filed a suit for declaration and permanent injunction in the trial Court, with the averments that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492