Case ID |
0abddfe1-0aef-458c-b698-f7d09d263530 |
Body |
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Case Number |
Civil Petition No.823 L of 2002 |
Decision Date |
Apr 10, 2002 |
Hearing Date |
|
Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioners on the grounds that they failed to prove any illegality in the findings of the Trial Court and the High Court. The petitioners could not demonstrate that any evidence was misread or misconstrued. Consequently, the Court declined to interfere with the orders passed by the High Court and the Trial Court, refusing leave to appeal. |
Summary |
In the case of Civil Petition No.823 L of 2002, the Supreme Court of Pakistan addressed issues surrounding the setting aside of a consent decree obtained by the petitioners against Muhammad Nazir, the original owner of the land. The petitioners alleged fraud in obtaining the decree. The Court found that the petitioners did not substantiate their claims of illegality in the lower court's findings. The decision emphasized the importance of evidentiary integrity and the necessity for petitioners to provide clear proof when alleging fraud. Ultimately, the Supreme Court upheld the decisions of the lower courts, reinforcing the standards for legal proceedings in civil matters. This case highlights critical aspects of civil procedure, particularly in relation to fraud allegations and the appellate process, ensuring that legal practitioners understand the rigorous standards required to challenge lower court decisions effectively. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MUNIR A. SHEIKH,
KHALIL UR REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
Lawyers |
Ali Akbar Qureshi, Advocate Supreme Court,
Mehmoodul Islam, Advocate on-Record
|
Petitioners |
MUNAWAR and others
|
Respondents |
HABIB and others
|
Citations |
2004 SLD 1059,
2004 SCMR 936
|
Other Citations |
Not available
|
Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
Sections |
12(2),
185(3)
|