Citation Name: 2023 YLR 1496 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ALI vs Mst — 2023 YLR 1496 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 1496 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1496 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ALI vs Mst
Subject matter: Civil
Provisions referred to: S. 5---C

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

Citation Name: 2023 YLR 1496 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ALI VS Mst. ZULFAT S. 5---Concurrent finding---Ex-patre decree, setting aside of---Application for setting aside ex-parte decree was dismissed by the executing/Trial Court being time barred and appeal preferred thereagainst also met the same fate---Validity---Petitioner had joined the execution proceedings after approximately one year and had also filed an application for setting aside the ex-parte decree that day but his application was not supported by any application for condonation of delay---Record showed that petitioner was served upon properly but he was deliberately avoiding service---No exception could be taken to the orders and judgment of both the courts below--- Instant petition was dismissed, in circumstances. Citation Name: 2023 YLR 1496 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ALI VS Mst. ZULFAT art. 10a---Right to fair trial---Scope---Right to a fair trial requires affording of proper opportunity of hearing to the parties, so their valuable rights could be protected---Doctrine of equality of arms i.e. due consideration to the complainant / plaintiff at the trial is also part of the right to a fair trial.

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