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MUHAMMAD SARFARAZ vs NAJEEBULLAH O — 2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PLD
Parties
MUHAMMAD SARFARAZ vs NAJEEBULLAH O
Subject matter
Civil
Provisions referred to
Civil Procedure Code

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 SARFARAZ VS NAJEEBULLAH O. XVII, R. 3 & O. XLI, Rr. 11 & 17---Divergent suits for declaration, cancellation of mutation entries and permanent injunction---Petitioner's suit was dismissed while respondent's suit was decreed vide consolidated judgement/decree---Petitioner's appeal was dismissed by appellate Court under O. XVII, R. 3 of Civil Procedure Code, 1908---Validity---Order XVII, R. 3 of Civil Procedure Code, 1908, was applicable to proceedings of suit not in appeal---Word "suit" was used in the said provision---Appeal could be dismissed in default only when it was called on for hearing and appellant was absent, meaning thereby, an appeal could be dismissed in default only on the date fixed for its hearing---Appellate Court was not authorised to dismiss the appeal in default on the date which was not date of hearing---Record revealed that the date fixed by the appellate Court was not date of hearing---Order-sheets revealed that the notice had not been served upon the appellant---Notices were issued but the same were received unserved---Appellate Court issued notices for appearance but on said date dismissed the appeal under O. XVII, R. 3 of Civil Procedure Code, 1908---Order passed by the appellate Court was not in accordance with the law---Right of parties could not be defeated merely upon technicalities---Revision petition was accepted and case was remanded to appellate Court.

Other judgments reported in 2022 PLD

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