2010 GBLR 147

SHAH DAURAN Versus HABIBUR REHMAN

Citation2010 GBLR 147

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C.J. SHAH DAURAN---

ORDER

1. MUHAMMAD NAWAZ ABBASI, C.J.--- This petition has been filed seeking review of the judgment dated 20-6-2008 passed in C.P.L.A. No.9 of 2008 which was allowed and case was sent back to the trial Court for fresh decision of the application for setting aside of the ex parte decree passed in a civil suit, after providing proper opportunity of hearing to the parties.

2. The learned counsel for the petitioner has argued that this Court while remanding the case to the trial Court set aside the ex parte decree as a result of which remand order has become ineffective and this was a patent error which has rendered the judgment inoperative. The learned counsel for the respondent on the other hand has submitted that case was intended to be remanded for decision of suit instead of application, therefore the error pointed out has no material effect, and this petition may be dismissed with direction to the trial Court for decision of suit on merits.

3. After hearing the learned counsel for the parties, we find that error pointed out in the judgment is of substantial nature and without its correction the remand order would be of no consequence, therefore the words "Set aside the Decree" in operating part of judgment will not be read as part of judgment. This petition with above modification in the judgment is allowed with no order as to costs.

4. M.H./20/Glt. Petition allowed.