BASHIR AHMED and others vs AHMED YAR KHAN and others
This civil appeal challenged an order passed by a learned single Judge of the Lahore High Court, Multan Bench, which dismissed a civil revision petition solely on the technical ground of non-filing of certified copies of certain documents, as required by the first proviso to subsection (1) of Section 115 of the Code of Civil Procedure 1908. The core legal question was whether a revisional court is justified in dismissing a petition on purely technical grounds when the record and proceedings of the lower courts are already available to facilitate a decision on the merits. The Supreme Court held that the High Court's dismissal was a harsh approach that derailed the spirit of the judicial system, which prioritizes the dispensation of justice on merits over technicalities. Consequently, the Supreme Court set aside the impugned order and remanded the civil revision petition to the High Court for disposal on its merits. The key principle laid down is that courts should avoid dismissing cases on technical grounds when the necessary record is available to decide the matter substantively.
- Can a revisional court dismiss a petition on technical grounds when the record and proceedings of the lower courts are available?
- Is the dismissal of a civil revision petition solely for non-filing of certified copies justified when the court has access to the case record?
- Does the judicial system prioritize the disposal of cases on merits over technical procedural requirements?
- Section 115(1), Code of Civil Procedure 1908
ORDER
' ANWAR ZAHEER JAMALI, J.---This civil appeal, with leave of the Court, is directed against the order dated 24-9-2012, in Civil Revision No,388-D of 1993 (Re: Bashir Ahmed and others v. Ahmed Yar Khan and others), passed by a learned single Judge in chambers of Lahore High Court, Multan Bench, whereby, this civil revision petition was dismissed solely on account of non-filing of certified copies of certain documents as required by first proviso to subsection (1) of section 115, C.P.C.
2. The learned ASCs present before us concede that on the date of hearing when impugned order was passed, the R&Ps of two Courts below were available before the revisional Court so as to enable it to hear and decide the revision petition on merits and in accordance with law, but still it opted to dismiss the revision petition on technical ground without even calling upon the petitioner to do the needful in this regard. Such harsh approach, derailing the very spirit of this judicial system for dispensation of justice on merits cannot be approved.
3. Considering the above aspect of the case, the learned ASCs present in this case candidly agree that the impugned order dated 24-9-2012, may be set aside and Civil Revision No,388-D of 1993, being already 20 years old, may be remanded to the Lahore High Court, Multan Bench for its disposal on merits and in accordance with law within one month from the date of communication of this order: .
4. To avoid any delay in post remand proceedings before the High Court, the hearing in the Civil Revision is fixed before the High Court on 2-5-2013, for which date no fresh notice is required to be issued to the parties concerned.
Cited by 4 cases
- Maqsood Ahmad vs Province of Punjab, etc 2022 LHC 4757
- KHAWAJ MUHAMMAD Versus REHMAT GUL 2017 CLCN 31
- MUHAMMAD HANIF Versus IMTIAZ SIDDIQUE 2016 CLCN 12
- Muhammad Hanif, etc. vs Imtiaz Siddique 2014 C.L.R. 1414