| Case ID |
009348a8-930c-4fba-b7ba-6bb31a0f424c |
| Body |
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| Case Number |
Civil Petition No. 814 of 1987 |
| Decision Date |
Jun 06, 1988 |
| Hearing Date |
Jun 06, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the leave to appeal sought by the petitioners in a pre-emption matter. The petitioners contended that the respondents’ suit should have been dismissed as time-barred due to prior physical possession. However, this argument was raised for the first time in the High Court. The Court held that the First Appellate Court and the High Court are not obliged to examine the question of limitation if it was not raised before the Trial Court. The petitioners' application for amendment was dismissed, and the Court ultimately refused the leave to appeal. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the critical issue of limitation in civil petitions related to pre-emption. The petitioners, represented by prominent advocates, argued that the respondents' suit should have been dismissed as time-barred due to their prior physical possession. However, the Supreme Court emphasized that the question of limitation must be raised at the Trial Court level, and failure to do so renders it inadmissible in higher courts. This case underscores the importance of procedural compliance in litigation, particularly regarding the timely raising of issues such as limitation. The decision serves as a precedent for future cases where the procedural aspects of civil law may be contested, reinforcing the necessity for parties to adhere to established legal protocols. The ruling also highlights the role of the Supreme Court in clarifying legal principles surrounding the Limitation Act and the Constitution of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Raja Muhammad Sabir, Advocate Supreme Court,
Muhammad Aslam, Advocate-on-Record for Petitioners,
M.S.M. Rashid, Advocate Supreme Court,
S. Abul Asim Jafari, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
another,
DOST MUHAMMAD
|
| Respondents |
another,
MOMAND
|
| Citations |
1989 SLD 399,
1989 SCMR 89,
1989 SLD 955
|
| Other Citations |
Muhammad Ishaq v. Shah Muhammad 1985 S C M R 799,
Allah Yar Khan v. Mst. Sardar Bibi 1986 S C M R 1957
|
| Laws Involved |
Constitution of Pakistan, 1973,
Limitation Act (IX of 1908)
|
| Sections |
185(3),
3
|