Umma Vs. Zubair and Another – sllr 2002 volume 3 page 169

In UMMA v. ZUBAIR and Another, the court addressed whether, under Partition Law No. 21 of 1977, a District Judge is empowered to set aside an interlocutory decree on grounds of procedural defects, such as the failure to issue summons, incorrect registration of lis pendens, and non-compliance with section 12. It was determined that inherent judicial powers may be exercised to rectify miscarriages of justice arising from void or unlawfully conducted proceedings, even after entry of an interlocutory decree. The legal analysis reviewed relevant statutes and established judicial precedents, reaffirming that strict adherence to procedural requirements is necessary to uphold the integrity of partition actions. The holding clarified that proceedings undertaken in violation of these requirements ar