Law: Civil Procedure Code (V of 1908)

Section: 7

(a) Civil Procedure Code (V of 1908)--- ----O.XX, R.7---Compromise decree---Application for preparation of decree sheet was concurrently dismissed on ground that the same was moved after lapse of 6 years without any logical reason for such delay---Held, that no limitation had been provided for drawing up such a decree sheet---Litigant did not have to remind the court/its office about its obligation to draw up a decree after announcement of ---Duty of Court to prepare/complete the decree sheet in line with its ---Punishing a party for default of the Court was not fair---Constitutional petition was allowed and Trial Court was directed to prepare/draw up the decree sheet accordingly. Ghulam Rasool v. Deputy Director, Military Lands and Cantonment Board and 2 others 1982 CLC 550 and Mst. Mumtaz Begum v. Said Zaman and 11 others 1993 CLC 1202 ref. (b) Administration of justice--- ----Act of Court, omission or neglect---No person should suffer for the act/omission/neglect of the court or its officials, act of court should not prejudice anyone. Muhammad Ijaz and another v. Muhammad Shafi and another 2016 SCMR 834 and Mian Muhammad Talha Adil v. Mian Muhammad Lutfi 2005 SCMR 720 rel. (c) Administration of justice--- ----Technicalities, not to defeat justice---Mere technicalities could not defeat the rights of any person---Although certain technicalities of law, where right is vested in the opposite party by efflux of time or where public policy demands so, may become relevant, however, the same could not be given any preference by defeating the ends of justice, depriving a party of substantive rights, which accrued to it under the law and principle of justice. Imtiaz Ahmad (1) Ghulam Ali, (2) Ch. Khushi Muhammad, S.D.O. (Canal) Gojra, Layallpur District, and (3) District Election Officer, Layallpur PLD 1963 SC 382 rel. Ch. Mudasser Saghir for Petitioners. Ex parte for Respondents. hearing date: 6th September, 2021. JUDGMENT AHMAD NADEEM ARSHAD, JUSTICE:---.--- -Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have called into question the validity, legality, and propriety of the orders passed by…

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