Key Takeaways
- The Lahore High Court has directed the Gas Utility (GU) Court to decide a petition by Haji Maqsood afresh.
- The directive comes after the Lahore High Court found that the GU Court did not properly examine the service of summons in its previous decision.
- The court set aside the impugned order and gave 60 days for a reasoned and speaking order.
In a recent ruling, the Lahore High Court (LHC) has directed the Gas Utility (GU) Court to reconsider a petition filed by Haji Maqsood. The court’s decision stems from its finding that the GU Court did not adequately examine the service of summons in its previous ex parte decree.
The LHC held that in an ex parte case, where an application is rejected on grounds of limitation, it is imperative for a court to determine whether the summons had been duly served. The court emphasized that such a determination forms the very foundation for deciding issues related to limitation.
In its order, the Lahore High Court set aside the impugned decree and directed the GU Court to decide the matter afresh in accordance with the law. It specified that this decision should be made within 60 days and preferably through a reasoned and speaking order.
The court also highlighted that the previous GU Court’s observation that summons had been issued via ordinary process, registered post, and publication was insufficient without further examination of the legality or sufficiency of such service. The impugned order lacked details on aspects like the process server's report, postal acknowledgements, returned envelopes, and publication records.
Furthermore, the Lahore High Court noted that where limitation itself depends upon disputed dates of knowledge, it is inappropriate to decide such questions merely based on assumptions or presumptions unsupported by proper inquiry. The court stressed that such controversies are essentially mixed questions of law and fact, requiring a thorough examination and recording of evidence.
The LHC concluded that the GU Court’s decision was inconclusive without a meaningful examination of these critical aspects. It directed the GU Court to undertake a careful inquiry, frame relevant points for determination, and enable parties to substantiate their assertions through evidence.
This development underscores the importance of due process in legal proceedings, particularly when dealing with issues related to limitation and service of summons. The Lahore High Court’s directive ensures that all aspects are thoroughly examined before any final decision is made.
