SAJJAD HUSSAIN (DECEASED) vs Mst — 2023 CLC 806 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 806 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: SAJJAD HUSSAIN (DECEASED) vs Mst
Subject matter: Civil
Provisions referred to: S. 42---C; S. 12; Civil Procedure Code (V of 1908)

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

SAJJAD HUSSAIN (DECEASED) VS Mst. MUMTAZ MAI S.42---Civil Procedure Code (V of 1908), Ss. 12 (2) & 115---Suit for declaration---Audi alteram partem, principle of---Applicability---Judgment and decree, setting aside of---Dismissal of suit---High Court, jurisdiction of---Applicants/plaintiffs were aggrieved of dismissal of their suits by High Court while allowing revision petition against dismissal of application under S.12(2) C.P.C.---Validity---High Court dismissed the suits on findings that respondent lady was legal heir and consent decree could not be passed in her absence---Principle of audi alteram partem, entrenched in due process doctrine, was offended to the extent of applicants / plaintiffs who were not heard while deciding Civil Revision--- Applicants / plaintiffs were deprived of an opportunity to defend against findings of connivance with brothers of respondent lady and their right of decision on merits in appeals, if consent was defective, had not been protected---High Court modified its judgment passed earlier as the Court did not have jurisdiction to dismiss suits after allowing Civil Revisions against consolidated order for dismissal of applications under S.12(2), C.P.C.---High Court remanded the matter to Lower Appellate Court to decide appeal afresh which were deemed to be pending and application under S.12(2) C.P.C. were allowed---Application was allowed accordingly.

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