| Case ID |
03ec3727-65dc-46bc-958c-b01d8723ff4e |
| Body |
View case body. Login to View |
| Case Number |
C.A. No.47 of 2006 |
| Decision Date |
Nov 02, 2007 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellants failed to challenge the preliminary order within the prescribed time. The court emphasized that preliminary orders cannot be contested unless they materially affect the case or lead to finality. The appellants did not raise their concerns regarding the appointment of the second commission in a timely manner and thus accepted the findings of the first commission. The judgment reinforced the principle that parties must act promptly to preserve their rights during litigation. |
| Summary |
The case revolves around a legal dispute between residents of two localities. The Northern Areas Court of Appeals addressed an appeal against orders issued by the Chief Court Gilgit regarding the appointment of a commission. The court highlighted the importance of timely objections in legal proceedings and the limited grounds on which preliminary orders can be challenged. The ruling elucidates the procedural requirements that litigants must adhere to, emphasizing that failure to act promptly can lead to acceptance of earlier decisions without further recourse. This case serves as a significant reference for future disputes involving preliminary orders and the responsibilities of parties in legal proceedings. |
| Court |
Northern Areas Court of Appeals
|
| Entities Involved |
Not available
|
| Judges |
EHSANULLAH QURESHI,
ALTAF HUSSAIN
|
| Lawyers |
Malik Shafqat Wali,
Muhammad Issa
|
| Petitioners |
RESIDENTS OF YARKHOR THALAY through L.Rs.
|
| Respondents |
RESIDENTS OF CHUDUTHALAY through L.Rs.
|
| Citations |
2008 SLD 610,
2008 CLC 32
|
| Other Citations |
1981-CLC 364,
1999 YLR 1215,
2003 SCMR 1911
|
| Laws Involved |
Not available
|
| Sections |
Not available
|