MARIAM AHMED vs RAJ MUHAMMAD O — 2022 YLR 1945 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1945 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: MARIAM AHMED vs RAJ MUHAMMAD O
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

MARIAM AHMED VS RAJ MUHAMMAD O. XLIII, R. 3---Notice before presentation of appeal---Lis to be decided on merit---Petitioner filed a suit against respondents for declaration and permanent injunction along with an application seeking therein interim relief restraining respondents from raising construction---Trial Court dismissed the application---Petitioner preferred appeal which was also dismissed by Appellate Court on the sole ground that petitioner did not issue notice to respondents for filing appeal as envisaged under O.XLIII, R. 3, C.P.C.---Held, that failure of petitioner to serve notice to respondents under O. XLIII, R. 3 of C.P.C. would not be made a ground to dismiss petitioner's appeal if same was admitted and pursuant thereto notice was issued by appellate court to respondents for appearance---Record showed that after filing appeal appellate court issued notice of the same to respondents who accordingly appeared and contested appeal but same was dismissed for failure of petitioner to act in line with provisions of O. XLIII, R. 3 C.P.C.---Respondents appeared pursuant to notice issued to respondents by appellate court---High court directed that petitioner's appeal was to be decided on merit instead of its dismissal on technicalities which exercise of jurisdiction by appellate court could not be countenanced---Civil Revision was accepted. Head NotesCase Description

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