| Case ID |
08505607-516d-41bd-8b96-28e383c41485 |
| Body |
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| Case Number |
Civil Appeal No. 279 of 1969 |
| Decision Date |
Dec 20, 1971 |
| Hearing Date |
Mar 17, 1971 |
| Decision |
The Supreme Court of Pakistan held that the right of a pre-emptor-plaintiff is not forfeited if he joins a stranger as a co-plaintiff in a suit for pre-emption. The Court emphasized that such a procedural mistake is remediable and can be corrected by striking out the name of the stranger. The judgment clarified that the law of pre-emption in Punjab is based on custom and is regulated by statute, and the principles of justice, equity, and good conscience must be adhered to. The appeal was dismissed, but the Court allowed the plaintiffs to maintain their suit after correcting the procedural defect. |
| Summary |
This case involves the legal principles surrounding pre-emption rights in property sales in Pakistan. The Supreme Court ruled on whether a pre-emptor's right is lost when a stranger is included as a co-plaintiff. The Court decided that procedural errors can be amended without forfeiting the pre-emptor's rights. The ruling is significant in clarifying the application of the Civil Procedure Code in pre-emption cases and highlights the importance of procedural correctness in maintaining legal rights. The decision emphasizes the technical nature of pre-emption laws in Punjab, which differ from principles of Muhammadan Law. The case is essential for understanding pre-emption rights, procedural law, and the application of justice in legal disputes. Keywords include 'pre-emption rights', 'Supreme Court of Pakistan', 'Civil Procedure Code', 'legal principles', 'property sales', 'procedural law', and 'justice'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Sh. Muhammad Shafi, Senior Advocate Supreme Court,
J. A. Pervez, Advocate,
Gulzar Hasan, Advocate-on-Record,
Shaukat Ali Malik, Advocate Supreme Court,
Hidayat Ali Taib, Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
Mehr Allah Ditta,
Zahoor Din
|
| Respondents |
Muhammad Ali
|
| Citations |
1972 SLD 21,
1972 PLD 59
|
| Other Citations |
Sathuluru Seetharamanujacharyulu v. Narra Venkatasubbamma and another I L R 54 Mad. 132,
Bhawani Prasad v. Damru I L R 5 All. 197,
Raja and another v. Hussain and others P L D 1957 Lah. 52,
Sharaf and another v. Peer Bakhsh and another 83 P R 1893,
Karam Singh and another v. Muhammad Ismail Khan I L R 7 All. 860,
Badri Dutt and others v. Siri Kirishan and others A I R 1954 All. 94
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, r. 27,
O. I, r. 10
|