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Cases

The document discusses various legal precedents regarding the effects of setting aside judgments and procedural rights in court cases. It emphasizes that nullifying previous adverse proceedings restores the rights of the parties involved, particularly the right to cross-examine. Additionally, it highlights the importance of fair trial rights and the limitations of inherent powers under the Civil Procedure Code.

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19 views2 pages

Cases

The document discusses various legal precedents regarding the effects of setting aside judgments and procedural rights in court cases. It emphasizes that nullifying previous adverse proceedings restores the rights of the parties involved, particularly the right to cross-examine. Additionally, it highlights the importance of fair trial rights and the limitations of inherent powers under the Civil Procedure Code.

Uploaded by

soomrohasnainali071
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 Muhammad Aslam v.

Muhammad Ramzan (PLD 2003 Lahore 172)


 PLD 2005 SC 831 – Khalil Ahmed v. District Judge / Presiding Officer, Labour Court:

“When a judgment is set aside, the effect is that all previous adverse proceedings against the party are
nullified and proceedings are to commence afresh from that stage.”

PLJ 2001 SC 1253 – Muhammad Iqbal v. Razaq:

“Setting aside an ex-parte order restores the right of the defendant to contest the case as if the ex-parte
proceedings had not taken place.”

 2021 SCMR 1553 – Sufi Muhammad Nawaz v. Government of Punjab:

“Inherent powers under Section 151 CPC cannot be invoked to undo what is specifically provided for in
the Civil Procedure Code.”

PLD 2007 SC 582 – Ardeshir Cowasjee v. Karachi Building Control Authority:

“The Court’s inherent jurisdiction is to be exercised to fill gaps where no express remedy is provided; not
to defeat or curtail rights already available under statutory law.”

That the Plaintiff’s own pleadings acknowledge that the Defendant’s

 2020 CLC 1910 (Sindh) – Abdul Latif v. Iqbal:

“Failure to allow cross-examination renders the evidence legally inadmissible and liable to be
discarded.”

2018 MLD 1552 (Lahore) – Muhammad Siddique v. Barkat Ali:

“Where the defendant is not allowed to cross-examine, the right to fair trial under Article 10A is
violated.”

• Asia Bibi v. The State (PLD 2018 SC 595): The Supreme Court acquitted Asia Bibi, emphasizing
that procedural lapses and insufficient evidence violate Islamic principles of justice. This supports the
plaintiff’s claim that delays caused by the defendant’s negligence undermine justice.

• Muhammad Aslam v. Muhammad Ramzan (PLD 2003 Lahore 172): The Lahore High Court ruled
that setting aside an ex-parte decree restores all procedural rights, suggesting that the defendant may
be entitled to cross-examine unless the court explicitly upholds the prior closure.

• Abdul Ghafoor v. Muhammad Shafi (PLD 1985 SC 407): The Supreme Court upheld the closure of
procedural rights under Order XVII Rule 3 CPC for persistent negligence but cautioned against denying
natural justice.

• Province of Punjab v. Muhammad Rafiq (PLD 2006 SC 367): The Court allowed the use of Section
151 CPC to prevent delays, but only when consistent with fairness.
 Honorable Peshawar High Court rendered in case of "Syed Arshad Ali Versus Said Ali" reported
as 2018 YLR 779 as well as another judgmqnt rendered in case of "Shah Qaimoos

Khan and 4 others Versus Faizullah Khan and another" reported as 2020 CLC 111 and judgment of
Honlble Supreme Court of Pakistan rendered in case of 'Messrs Rehman Weaving Factory (Regd)
Bahawalnagar Versus Industrial Development Bank of Pakistan" reported as PLD 1981 SC 21.

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