LAHORE: The Lahore High Court has overturned a civil court decision dismissing a case because the petition was not amended as directed by the lower court.
Justice Shahid Waheed issued a 12-page decision on Akif Ali Shah’s petition on Wednesday.
The petitioner has appealed the civil court’s decision to dismiss his case due to technical reasons.
According to the LHC decision, the court cannot dismiss the petitioner’s application despite the court’s orders if the petitioner does not amend his application.
The petitioner’s failure to carry out the amendments to the petition was not a major blunder, and the court could dismiss his application on this basis.
Although it was against the court’s rules not to amend the application, Justice Waheed stated that the court could not correct the problem by taking suo motu action.
Judges should not act as judicial technicians, according to the ruling, and courts should not present themselves as a technical justice workshop.
According to Justice Waheed, a proverb states that technical grounds weaken the justice.
He went on to say that using technical ground did not correct the error.
He stated that this case made us consider whether or not those who came to the court seeking justice should be punished.
Akif Shah, the petitioner, had filed a civil court petition regarding the purchase of a house in Faisal Town.
The petition was dismissed by the civil court because the petitioner failed to file an amended petition as required by the court.
The petitioner appealed the civil court decision to the sessions court, which also dismissed his petition.
He then went to the LHC to present his case.
The LHC has remanded the petition to the civil court, directing that the case be decided on the merits.
The petitioner was also fined by the court for failing to amend his claim.