Muhammad Ashfaq vs Civil Judge, Samundari O — 2025 YLR 830 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 830 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Ashfaq vs Civil Judge, Samundari 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

Muhammad Ashfaq VS Civil Judge, Samundari O. IX, R.6---Ex-parte proceedings, joining of--- Petitioner / defendants were proceeded ex-parte and Trial Court and Lower Appellate Court declined to set aside the orders--- Validity--- In absence of any clear provision in the C.P.C. prohibiting the appearance and participating in proceedings by petitioners / defendantswho were proceeded ex-parte, there was no legal bar to allow them to defend their rights--- It is the right of every defendant and also a principle of natural justice, to give a chance of hearing before any order is passed against his interest--- Suit was pending before Trial Court and valuable rights of petitioners / defendants were involved in subject litigation--- It would be unjustified to dislodge petitioners / defendants from active contest on the basis of technicalities--- High Court set aside the orders passed by two Courts below as the same were illegal and without lawful authority--- High Court in exercise of Constitutional jurisdiction allowed application of petitioners / defendants and ex-parte proceedings were set aside--- Constitutional petition was allowed accordingly.

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