Law: Constitution of Pakistan, 1973

Section: 10A

(a) Constitution of Pakistan ----Arts.10A 4---Fundamental Right to fair trial and due process of the law---Nature and scope---Right to fair trial was a bedrock of rule of law and was closely linked with human rights protection, more particularly the rights to life, liberty and property---Right to fair trial was rooted in twin cannons of natural justice, namely, nemo debet esse judex in propria causa (no one should be a judge in his own cause) and audi alterm partem (no one should be condemned unheard)---Article 10A of the Constitution covered both substantive and procedural due process and it could be termed as having been designed to secure justice as a living reality---Fair trial and due process in civil lawsuits/proceedings contemplated notice and opportunity to be heard before any was rendered---Where a person was not a party to a suit , and thus did not have opportunity to present his /her case, then a decree could not be executed against such a person, and any Executing Court could not go behind the decree. Babar Hussain Shah and another v. Mujeeb Ahmed Khan and another 2012 SCMR 1235; Nadeem Asghar Nadeem and others v. Province of the Punjab and others 2015 CLC 1509; Liaqat Ali Chugtai v. Federation of Pakistan through Secretary Railway and 6 others PLD 2013 Lah. 413; Muhammad Ramzan v. Ali Hamza and others PLD 2016 Lah. 622; Muhammad Yaqoob v. Additional District Judge, Kharian, District Gujrat 2017 YLR Note 360; Sultan Ahmad v. Judge Family Court and 5 others PLD 2012 Lah. 148; Mst. Haleema Bibi and 4 others v. Additional District Judge, Layyah and 2 others 2018 CLC Note 12; Mariano A. Albert v. University Publishing Co. Inc. (1965), G.R. No.L-19118; Sh. Shajar Hussain v. Haji Abdul Majeed and others 2006 SCMR 913; See: Shafqat Ullah and 2 others v. Land Acquisition Collector (D.C.), Haripur and 2 others 2006 CLC 1555 and Province of Punjab through Secretary Industries, Government of the Punjab, Civil Secretariat, Lahore v. Burewala Textile Mills Limited 2001 SCMR 396 rel. (b) Family Courts Act (XXXV of 1964)--- ----Ss.13(3), 7 Sched.---Constitution of Pakistan, Arts. 10A, 4 199---Suit for recovery of maintenance allowance of wife and…

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