Citation Name: 2024 YLR 652 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSARRAT BIVI vs ADDITIONAL DISTRICT JUDGE, BHOWANA S — 2024 YLR 652 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 652 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 652 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSARRAT BIVI vs ADDITIONAL DISTRICT JUDGE, BHOWANA S
Subject matter: Civil
Provisions referred to: S. 5---C; S. 3---L

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: 2024 YLR 652 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSARRAT BIVI VS ADDITIONAL DISTRICT JUDGE, BHOWANA S. 5---Constitution of Pakistan, Art. 199---Constitutional petition---Right of pre-emption--- Ex parte decree---Limitation---Suit filed by respondent/ plaintiff for possession of suit land through pre-emption was decreed ex parte against petitioners/defendants---Validity--- Conduct of petitioners/ defendants was not only dilatory and negligent but the same was also contumacious---Petitioners/defendants failed to give any sufficient cause for not pursuing suit or for filing application for setting aside ex parte judgment and decree after considerable delay---Law helps the vigilant and not the indolent---Petitioners / defendants had been employing devious and dilatory tactics therefore, delinquency on their part was not only very much conspicuous but the same was also unexplained---High Court in exercise of Constitutional jurisdiction under Art. 199 of the Constitution, declined to interfere in the judgment and decree passed by Trial Court, as such jurisdiction was discretionary and equitable in nature---Constitutional petition was dismissed in circumstances. Citation Name: 2024 YLR 652 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSARRAT BIVI VS ADDITIONAL DISTRICT JUDGE, BHOWANA S. 3---Limitation---Scope---It is the duty of every Court and forum to itself look into question of limitation irrespective of the fact whether any objection in such regard has been raised or not. Citation Name: 2024 YLR 652 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSARRAT BIVI VS ADDITIONAL DISTRICT JUDGE, BHOWANA Void order---Scope---Even a void order has to be assailed within the period of limitation prescribed under law.

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