| Case ID |
02c5929d-7370-4523-8165-ee7a7e45c8d1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.208-P of 2006 |
| Decision Date |
Dec 29, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court refused to grant leave to appeal against the judgment of the Peshawar High Court, which had remanded the case back to the trial court. The court emphasized that remanding a case should not be done lightly and that sufficient care must be taken when examining evidence. The petitioners failed to demonstrate any misreading or non-reading of evidence, and the Supreme Court found no legal or factual infirmities in the High Court's decision. The case is directed to be decided expeditiously, not exceeding six months. |
| Summary |
In the case of Civil Petition No.208-P of 2006, the Supreme Court of Pakistan dealt with the issue of remanding cases back to trial courts. The court highlighted the importance of examining evidence thoroughly before deciding to remand a case. The petitioners challenged the High Court's decision to send the case back to the trial court for a fresh decision. The court noted that the power to remand should be exercised with caution and that the evidence presented must be sufficient to make a conclusive judgment. The petitioners' lawyer argued that the evidence was adequate to decide the case on its merits, thus avoiding unnecessary litigation. However, the Supreme Court upheld the High Court's decision, stating that the trial court needed to investigate specific entries related to the case further. The ruling emphasizes judicial prudence and the importance of a comprehensive review of evidence in civil procedure matters. The decision reinforces the procedural integrity within the legal framework, ensuring that cases are handled with the necessary diligence, ultimately benefiting the judicial process and the involved parties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
MUHAMMAD QAIM
|
| Lawyers |
Haji Muhammad Zahir Shah
|
| Petitioners |
others,
REHMAN SHAH
|
| Respondents |
others,
SHER AFZAL
|
| Citations |
2009 SLD 1646,
2009 SCMR 462
|
| Other Citations |
Fateh Ali v. Pir Muhammad and another 1975 SCMR 221,
Sher Muhammad and others v. Jamadar Ghulam Ghous 1983 SCMR 133,
Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216,
Syed Abdul Hakim and others v. Ghulam Mohiuddin PLD 1994 SC 52
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
O.XLI,
Rr.23,25,
185(3)
|