NASEEM BIBI vs IMRAN QAYYUM Ss — 2025 CLC 813 LAHORE-HIGH-COURT-LAHORE

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NASEEM BIBI VS IMRAN QAYYUM Ss. 4, 9 & 10(2)---Constitution of Pakistan, Arts.4 & 10-A-Suit for partition---Joint property---Internal auction proceedings in absence of co-sharers/co-owners-Legality---Principle of natural justice---Fair trial under the due process of law---Contention of the petitioners/defendants was that procedural requirements as envisaged in Ss.9 & 10 of the Punjab Partition of Immovable Property Act, 2012 (Act) had not been fulfilled while initiating internal auction proceedings---Validity---Trial Court had not adhered to the mandatory requirements of S.10(2) of the Act, which necessitated the presence of co-owners in person or through their authorized agents during the internal auction proceedings, which process was not followed properly, including the determination of the reserve price and the procedure of submitting offers by co-owners in accordance with law---Petitioner's contention that the respondents had failed to pay their share and had sought to evict the petitioners from their ancestral property was a matter that required careful consideration, as it involved the rights of vulnerable parties---Principles of 'Audi Alteram Partem' and 'Actus Curiae Neminem Gravabit', as well as Arts. 4 and 10-A of the Constitution were central points of the case---Maxim Audi Alteram Partem ensured that no party shall be condemned unheard, mandating that all parties affected by judicial proceedings must be given a fair opportunity to present their case, while Actus Curiae Neminem Gravabit dictates that no one should suffer as a result of a judicial error or omission---Article 10-A of the Constitution guarantees the right to a fair trial and due process, enshrined as a fundamental right, and Article 4 affirms that every citizen is to be treated in accordance with law, with no action taken to their detriment except as per the law---Orders passed by the Trial Court were illegal and unlawful, having violated the procedural requirements under S.10(2) of the Act---Failure to ensure the presence of all co-owners or their authorized agents during the internal auction proceedings, along with the absence of a properly determined reserve price and the lack of opportunity to submit written offers, had deprived the petitioners of their constitutional right to a fair hearing and due process and these procedural irregularities not only undermined the legality of the orders but also violated the principles of natural justice and procedural fairness---Constitutional petition was allowed, in circumstances.

NASEEM BIBI vs IMRAN QAYYUM Ss — 2025 CLC 813 LAHORE-HIGH-COURT-LAHORE

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