| Case ID |
0afa01a5-4b2c-4bc1-8243-1929748cc8c7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 1624 of 1995 |
| Decision Date |
May 29, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the High Court of Balochistan, which had set aside the judgment and decree of the trial Court. The Court found that the trial Court had failed to consider the evidence presented during the trial, rendering its judgment a nullity in the eyes of the law. It was established that the delay in filing the appeal was justified due to the confusion caused by the trial Court's erroneous dismissal of the suit. The Court emphasized that the conduct of the parties and their counsel was a significant factor in determining whether the delay could be condoned, particularly in light of the nullity of the earlier judgment. |
| Summary |
This case revolves around the principles of civil procedure, particularly focusing on the role of the trial Court in evaluating evidence before making a judgment. The Supreme Court of Pakistan addressed the issues of condonation of delay in filing appeals and the importance of good faith actions by appellants, especially when advised by their counsel. The Court concluded that the prior dismissal of the suit by the trial Court was unjustified, as it did not consider the evidence on record. This judgment reinforces the necessity for trial Courts to adhere to procedural fairness and the rights of parties to have their cases heard based on the evidence presented. The case highlights the delicate balance between judicial discretion and the rights of litigants, ensuring that procedural missteps do not unjustly deprive parties of their legal remedies. The Court’s decision serves as a significant precedent for future cases involving similar issues of procedural errors and the implications of legal counsel's advice on the handling of appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
RAJA AFRASIAB KHAN,
SH. RIAZ AHMAD
|
| Lawyers |
Mehta K.N. Kohli, Advocate-on-Record for Appellants,
Shakeel Ahmed, Advocate Supreme Court for Respondent,
M.W.N Kohli, Advocate-on-Record for Respondent
|
| Petitioners |
another,
Syed Haji ABDUL WAHID
|
| Respondents |
Syed SIRAJUDDIN
|
| Citations |
1998 SLD 870,
1998 SCMR 2296
|
| Other Citations |
Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102,
Aizad Bakhsh v Muhammad Afzal 1985 SCMR 1003,
Islam Din v. Allah Nawaz 1988 SCMR 2,
Ghulam Ali v. Akbar PLD 1991 SC 957,
Masud Ahmed v. United Bank Limited 1992 SCMR 424,
Sherin v. Fazal Muhammad 1995 SCMR 584
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
O.XVII, R.3,
S.5,
S.14
|