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Saad Muhammad Abbasi vs Syed Ejaz Ali O — 2024 MLD 1501 ISLAMABAD

Case information

Citation
2024 MLD 1501 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
MLD
Parties
Saad Muhammad Abbasi vs Syed Ejaz Ali 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

Saad Muhammad Abbasi VS Syed Ejaz Ali O. XXXVII, Rr. 1 & 2---Suit for recovery on the basis of cheque---Ex-parte proceedings---Judgment, passing of---Court, powers of---"Court having no option but to decree the suit"---Scope---Trial Court, after conducting ex-parte proceedings against the defendant / appellant, decreed the suit in favour of plaintiff /respondent---Validity---Trial Court while decreeing the suit, in concluding paragraph, observed that Court was left with no option but to decree the suit---Said observation, on the face of it, was contrary to law as not only in an ex-parte case/instance, but even in case of a conceding statement, it is obligatory for the court to appreciate the veracity of the claim of the respondent/ plaintiff---Court is under obligation to see the legality and genuineness of the issue brought before it---Observation that Court was left with no option reflected dealing with the cause in a mechanical manner without application of judicial mind---High Court set-aside the impugned ex-parte judgment and decree and remanded the case to the Trial Court for decision on merits and directed that the application for leave to appear and defend the suit filed by the appellant/defendant would be deemed to have been allowed on the basis of surety bond having been tendered before the High/Appellate Court---Appeal, filed by the defendant, was allowed accordingly.

Other judgments reported in 2024 MLD

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