The Supreme Court has set aside an ex parte judgment, which is a decision made while one side was absent, and sent the case back for a fresh decision. The court held that no such judgment can be passed against a party unless notice was served in line with the law and that party had a real chance to be heard. The ruling concerns a dispute over a property sale agreement and does not decide who is right on the underlying claim.
A two-member bench, comprising Justice Jamal Khan Mandokhail and Justice Shahid Bilal Hassan, set aside the Lahore High Court's judgment, along with the trial court's ex parte proceedings and related orders. The case involves Ghulam Mujtaba and Ghulam Murtaza, who signed a property sale agreement on November 30, 2004, for a total consideration of Rs7.3125 million. The buyer filed a suit for specific performance, which is a court order requiring the sale to be completed, saying Rs2.5 million had been paid and that the sale deed was never executed.
What the court said about notice
The court said substituted service, meaning notice given in a different way, can be ordered only after genuine efforts to serve a party through ordinary means. It must also be clear that ordinary service was not possible or that the party was deliberately avoiding it. In earlier proceedings, a counsel declined to appear for lack of instructions from his clients, and the court said this could not count as valid service, especially since the record had no proof that the parties were served as the law requires.
The court did not treat the defect as a minor technical flaw. It said the failure touched the fundamental right to a fair hearing, and that every party must be able to present its case, produce evidence and defend its position. The court also made clear that its ruling is not a view on the merits of the dispute.
Timeline: what has happened so far
- November 30, 2004: The property sale agreement was signed for a total consideration of Rs7.3125 million.
- November 2, 2016: The trial court passed an ex parte judgment in the absence of the defendants, after the case had been remanded for rehearing.
- February 20, 2023: The Lahore High Court's Multan Bench dismissed the relevant petition, prompting the challenge before the Supreme Court.
- October 12: The Supreme Court set aside the High Court judgment, the ex parte decision and related orders.
- October 26, 2026: The parties are directed to appear before the relevant district judge.
What happens next
The Supreme Court directed the trial court to decide the case afresh. The trial court must first make sure notice is properly served and that all parties can file written statements, produce evidence and present arguments. It has been asked to make every effort to decide within four months of the parties' first appearance.
The ruling restarts the trial process rather than settling ownership or payment questions. The court stressed that the trial court will decide the matter independently, based on the evidence and submissions the parties place before it. Any further steps will depend on how the parties respond on October 26, 2026.
Aasan alfaaz mein
Supreme Court ne ek property case mein ex parte faisla khatam kar diya hai, yani woh faisla jo ek fareeq ki ghair mojoodgi mein hua tha. Adalat ke mutabiq kisi bhi shakhs par faisla tabhi lagu ho sakta hai jab usay qanooni tareeqay se notice mili ho aur sunwai ka mauqa diya gaya ho. Case ab dobara nichli adalat mein chalega, aur parties 26 October 2026 ko district judge ke samne pesh hongi. Aam shehri ke liye yeh yaad rakhna zaroori hai ke adalat ke notice ko nazarandaz na karein.
