Lahore High Court Sets Precedent: Procedural Flaws Won't Sink Civil Suits

High Court Lahore Overturns Civil Suit Dismissal Due to Procedural Error

Case Summary:

• Courts Involved: High Court of Lahore, Pakistan
• Relevant Laws: Sections 115, 24-A(2), and Order XVII, Rule 3 of the Code of Civil Procedure, 1908; Lahore High Court Rules and Orders, Vol. I, Chap. XIII, Para. 6
• Issue: Whether the High Court could exercise revisional jurisdiction to correct procedural irregularities committed by lower courts, which had led to the dismissal of a civil suit.

Key Facts:

1. Transfer of Suit: A civil suit was transferred to another civil court under an administrative order.
2. Missing Notice: The transferee court failed to issue a "parvee" notice to the plaintiff, informing them of the proceedings.
3. Dismissal for Lack of Evidence: The transferee court dismissed the suit for lack of evidence under Order XVII, Rule 3 of the Code of Civil Procedure.
4. Appellate Court Upheld Dismissal: The appellate court upheld the dismissal.

High Court's Ruling:

• Revisional Jurisdiction Exercised: The High Court exercised its revisional jurisdiction under Section 115 of the Code of Civil Procedure to rectify the procedural irregularities.
• Judgments and Decrees Set Aside: The High Court set aside the judgments and decrees of both lower courts.
• Case Remanded: The case was remanded to the trial court with directions to provide the plaintiffs with two clear opportunities to present their evidence.
• Revision Allowed: The plaintiffs' revision petition was allowed.

Key Points:

• The High Court has the power to correct procedural irregularities committed by lower courts.
• Parties must be given proper notice of proceedings to ensure fair trials.
• Courts should exercise caution in dismissing suits for lack of evidence, ensuring that parties have been given adequate opportunities to present their cases.

Additional Notes:

• "Parvee" notice refers to a notice informing a party of the date and time of a hearing or proceeding.
• Revisional jurisdiction allows a higher court to review the decisions of lower courts to correct errors of law or procedure.