| Case ID |
0a431523-ad47-41f7-a857-2806ae2ac995 |
| Body |
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| Case Number |
Civil Petition No.369-K of 2000 |
| Decision Date |
Oct 25, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine the conflict of opinion regarding the maintainability of a second suit after the dismissal of the first suit for non-prosecution. The Court highlighted the importance of the legal definitions of 'cause of action' and emphasized the need to ensure that the principles laid out in previous case law were applied correctly. The High Court's ruling that the second suit constituted a new cause of action was scrutinized, leading to the determination that the case required further examination due to the significant questions of law involved. |
| Summary |
This case revolves around the legal intricacies of filing a second suit after the dismissal of the first under the Civil Procedure Code. The Supreme Court of Pakistan addressed the issue of whether the subsequent suit constituted a new cause of action or was barred by the dismissal of the earlier suit. The case involved complex family property disputes, highlighting the legal principles surrounding ownership rights, the implications of illiteracy in signing legal documents, and the procedural aspects of civil litigation. Key legal terms such as 'cause of action', 'non-prosecution', and 'maintainability' were central to the Court's deliberations. The decision underscores the importance of adhering to procedural laws while ensuring justice is served in property disputes, particularly in cases involving vulnerable parties. The ruling also sheds light on the interpretation of legal terminology as defined in Black's Law Dictionary, providing a significant precedent for future cases in similar contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Iftikhar Muhammad Chaudhry,
Rana Bhagwan Das
|
| Lawyers |
M.L. Shahani, Advocate Supreme Court,
Naraindas C. Motiani, Advocate-on-Record
|
| Petitioners |
Muhammad Chuttal
|
| Respondents |
Atta Muhammad through Legal Heirs
|
| Citations |
2001 SLD 1557,
2001 SCMR 1685
|
| Other Citations |
Jumma Khan v. Mahmud Khan 1973 SCMR 289,
Fazal Begum v. Municipal Corporation, Lahore 1983 CLC 1643
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Order IX, Rule 8,
Order IX, Rule 9,
Article 185(3)
|