'Time frame' in cases not at cost of justice, LHC rules.

LAHORE -- The Lahore High Court (LHC) has ruled that an order to a subordinate court to decide a matter within a particular time frame is not mandatory but usually directory in nature and such direction should be followed as far as possible, keeping in view the interest of justice.

'The strict adherence to the direction given by superior courts to decide the matter in a particular time frame should not stand in way of the court to do justice in the matter by decision of the same in undue haste resulting in miscarriage of justice,' says the LHC verdict.

The ruling by a two-judge LHC bench comprising Justice Abid Aziz Sheikh and Justice Muzamil Akhtar Shabbir came on an appeal of the National Bank of Pakistan (NBP) challenging a decision of a banking court wherein a loan recovery suit was dismissed as a consequence of closure of appellant's (bank) right to lead evidence.

The litigation about the suit went to the LHC on the pretext that the banking court 'did not provide reasonable opportunity' to the bank to produce evidence and closed its right to produce the evidence under an impression that the high court had issued the direction to dispose of the case within 10 days.

Authored by Justice Shabbir, the verdict observes that although the banking court was bound by the LHC direction, it does not mean the matter is to be decided without giving reasonable opportunity to the parties to lead evidence in...