MUHAMMAD HUSSAIN vs Rana SOHAIL ANJUM art — 2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD HUSSAIN vs Rana SOHAIL ANJUM art
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM art.10a---Setting aside ex-parte decree---Due service---Maxim: audi alteram partem---administration of justice---No one was to be deprived of civil liberties and property unless provided with due opportunity of hearing---Petitioner was not found guilty of gross negligence, hence the ex-parte decree could not sustain---Mere negligence of petitioner to appear in the Court did not warrant severe action in the manner of the ex-parte decree---Such was not the intention of the law to thwart the adjudication of a lis on mere technicalities of procedure---Law favoured the decision of the cases on merits rather than stifling the matters on fetish pleas.

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2022 CLC 1188 LAHORE-HIGH-COURT-LAHOREAYESHA SAJID VS FEDERATION OF PAKISTAN through Finance Secretary arts.189 & 203---"Judgment per-incurium"---Defined---Word "per-incuriam" me…
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