HASHIM KHAN vs Mst — 2025 SCMR 564 SUPREME-COURT

Case information

Citation: 2025 SCMR 564 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: HASHIM KHAN vs Mst
Subject matter: Criminal
Provisions referred to: 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

HASHIM KHAN VS Mst. MUSARAT BEGUM Ss. 42 & 54---Civil Procedure Code (V of 1908), O.IX, R.13---Suit for declaration and injunction---Ex-parte decree, setting aside of---Principle of audi alteram partem---Petitioners/plaintiffs were aggrieved of setting aside of ex-parte judgment and decree passed against respondents/defendants---Validity---Mandate of law is that one should not be condemned unheard and every litigant should be provided with fair opportunity to plead and defend his/her case by adhering to principle of audi alteram partem---Technicalities should and ought to be avoided---Trial Court while dealing with the suit did not resort to mandated procedure of law for procuring service of respondents/defendants---Application seeking setting aside of ex-parte judgment and decree was rightly and correctly accepted by Trial Court and affirmed by Lower Appellate Court in exercise of revisional jurisdiction and High Court in exercise of Constitutional jurisdiction---Supreme Court declined to interfere in orders passed by the fora below who had rightly and legally adjudicated upon the matter and did not commit any illegality---Petition for leave to appeal was dismissed and leave to appeal was refused.

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