| Case ID |
09f987b1-c466-4c16-826d-32d3538fa108 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.202- |
| Decision Date |
Nov 17, 1986 |
| Hearing Date |
Nov 17, 1986 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in a case concerning the constitutional jurisdiction under Articles 185(3) and 199 of the Constitution of Pakistan. The court ruled that the respondent had failed to avail themselves of the available remedy of appeal and revision, which had led to their appeal becoming time-barred. The court found that no satisfactory explanation was provided for this inaction and thus allowed the petition, converting it into an appeal. The impugned order of the Lahore High Court was set aside, and the case was resolved without costs. This decision emphasizes the necessity of pursuing available legal remedies in a timely manner and highlights the court's role in ensuring justice when procedural avenues are neglected. |
| Summary |
This case revolves around the constitutional jurisdiction exercised by the Supreme Court of Pakistan in relation to a pre-emption suit. The petitioner, Major (Rtd.) Ghani Khan, sought leave to appeal against an order from the Lahore High Court, which had allowed the constitutional petition of respondent Abdul Muqtadir Khan concerning a dispute over possession of land. The case underscores the importance of timely appeals in the legal process and the implications of failing to avail oneself of available remedies. The court highlighted that remedies of appeal and revision were available to the respondent, yet they chose not to pursue them, resulting in the appeal becoming time-barred. The Supreme Court's decision to convert the petition into an appeal and allow it reflects its commitment to justice and procedural fairness, ensuring that litigants are held accountable for their actions within the legal framework. The ruling serves as a precedent for similar cases where parties may overlook procedural steps, emphasizing the necessity of diligence in legal proceedings. Keywords such as 'constitutional jurisdiction', 'Supreme Court of Pakistan', 'legal remedies', and 'timely appeals' are critical for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah,
Mian Burhanuddin Khan
|
| Lawyers |
M. Sardar Khan,
M. Qasim Imam,
Abdur Rehman Khan,
Nur Ahmad Khan
|
| Petitioners |
Major (Rtd.) GHANI KHAN
|
| Respondents |
ABDUL MUQTADIR KHAN
|
| Citations |
1987 SLD 1536,
1987 SCMR 676
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3),
199
|