| Case ID |
0859c851-f4f7-45f7-8010-9f3f29b36736 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 488 |
| Decision Date |
Oct 28, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal in this case, addressing the issue of whether the omission to file a copy of the trial Court's judgment affects the competence of the appeal. The Court noted that the omission was recognized too late in the process, as the appeal had already been admitted for regular hearing. The Court emphasized that once an appeal is admitted, the absence of the trial Court's judgment should not affect its competence. The Court permitted the petitioner to submit the judgment within a specified time. Security for costs was set at Rs. 1,000, and the prayer for stay was refused. Ultimately, leave was granted, allowing the case to proceed further. |
| Summary |
This case revolves around the procedural aspects of civil appeals in the context of the Civil Procedure Code. The Supreme Court of Pakistan addressed the significant issue of whether an appeal's validity is compromised by the failure to include the trial court's judgment. This decision is crucial for legal practitioners, as it underscores the importance of procedural compliance while also highlighting the Court's willingness to allow rectification of procedural omissions under certain circumstances. The case is an important reference point for advocates dealing with civil appeals, especially regarding the submission of necessary documents and the implications of such omissions on the appeal's competence. It serves as a reminder of the balance between strict adherence to procedural rules and the interests of justice, which is a recurring theme in civil litigation. Legal professionals should be aware of this ruling to navigate the complexities of civil procedure effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Ahmad,
Muhammad Gul
|
| Lawyers |
Khawaja Mushtaq Ahmad
|
| Petitioners |
Mst. Kaneez Fatima
|
| Respondents |
Ghulam Muhammad
|
| Citations |
1975 SLD 230,
1975 SCMR 254
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
O. XIII, r. 2,
O. XLI, r. 1
|