| Case ID |
0aeea8b4-9bc5-48fc-b21c-cb3cfe45b77d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 89/R/1984 |
| Decision Date |
Apr 03, 1984 |
| Hearing Date |
Apr 03, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the petition against the Lahore High Court's decision. The petitioners had failed to fulfill their payment obligations in a contract, leading to the dismissal of their suit for specific performance. The court held that the inherent jurisdiction to make restitution is essential for justice and should be exercised as necessary. The petitioners could not benefit from their failure to honor their commitments, and the restoration of possession was deemed a necessary consequence of the court's findings. The court found no merit in the arguments presented and refused to interfere with the lower courts' orders. |
| Summary |
In the case of MESSRS RAFIQUE INDUSTRIES LTD. vs. MESSRS CONFORCE LTD, the Supreme Court of Pakistan addressed the jurisdiction of courts to make restitution as per Article 185(3) of the Constitution of Pakistan (1973). The petitioners, having entered into a contract, failed to comply with payment terms, leading to the dismissal of their suit for specific performance. The court emphasized that the jurisdiction to make restitution is inherent in every court and should be exercised whenever justice demands. The petitioners' arguments were dismissed, affirming that their conduct barred them from benefiting from their own failure. This case underscores the importance of upholding contractual obligations and the courts' role in ensuring justice through restitution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Bashir A. Ansari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Raja Muhammad Akram, Advocate Supreme Court,
M. Afzal Siddiqui, Advocate-on-Record
|
| Petitioners |
MESSRS RAFIQUE INDUSTRIES LTD.
|
| Respondents |
MESSRS CONFORCE LTD
|
| Citations |
1984 SLD 652,
1984 SCMR 807
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|