Lahore: Lahore High Court (LHC) has nullified civil court's decision on abolishing woman's right to defense.
Justice Ahmad Nadim Arshid issued 6-page decision on appeal plea of Mrs Behrai.
Justice Ahmad Nadim Arshid wrote in his decision as per record case related to degree was running between the respondents in civil court. The court abolished the right to defense to the petitioner for not filing reply within 30 days.
The petitioner was bound to file reply within 30 days under section 26-A of 1908.
Justice Ahmad Nadim Arshid said in his decision the intention of legislator was this in this law that number of pending cases should decrease, It is essential to see that delay was aimed at prolonging the claim deliberately . First proceedings on claim in the present case was held on August 25, 2021.
According to record petitioner became part of the process during claim and no dilatory tactic was used by the petitioner.
The court gave time to the petitioner to give reply.
The court declared the civil court's decision for abolishing the right to defense null and void.