| Case ID |
0ba5efb5-a5d0-401c-9ef2-d9f5e0d81ecb |
| Body |
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| Case Number |
Civil Appeal No.1086 of 2004 |
| Decision Date |
Apr 17, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal by setting aside the judgment of the High Court. The Court determined that the High Court had erroneously extended the time for deposit of the decretal amount in the pre-emption suit. The Court emphasized that the explicit self-operative default clause in the decree mandated automatic dismissal of the suit if the pre-emptor failed to deposit the amount by the specified date. The Court restored the decision of the Lower Appellate Court which had dismissed the suit due to non-deposit of the decretal amount. The ruling reasserted the importance of adhering to procedural requirements and the implications of default in pre-emption cases. |
| Summary |
In the case of Civil Appeal No.1086 of 2004, the Supreme Court of Pakistan addressed key issues regarding the Punjab Pre-emption Act (I of 1913) and the constitutional provisions related to appeals. The case revolved around a pre-emption suit where the High Court had allowed the pre-emptor to extend the time for deposit of a decretal amount, which was challenged by the vendee. The Supreme Court ruled that the High Court's decision was not legally sound due to the existence of a self-operative default clause in the decree that specified automatic dismissal of the suit upon failure to deposit the required amount by the deadline. The Court underscored the need for strict compliance with procedural rules in pre-emption matters, reinforcing the necessity for litigants to adhere to court orders regarding deposits. This case serves as a significant reference point in understanding the judicial interpretation of pre-emption laws and the obligations of parties involved in such legal proceedings. The ruling highlights the challenges faced by litigants in pre-emption cases and the critical nature of timely compliance with court directives to preserve their rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
RANA BHAGWANDAS ACTG. C.J.,
TASSADUQ HUSSAIN JILLANI,
NASIR-UL-MULK
|
| Lawyers |
Ch. Muhammad Nawaz Sulehria, Advocate Supreme Court for Appellants,
Sardar M. Ishaq Khan, Senior Advocate Supreme Court for Respondent,
Ch. Khan Muhammad Bajwa, Advocate Supreme Court for Respondent
|
| Petitioners |
MUHAMMAD YOUSAF and others
|
| Respondents |
SAIN AKHTAR
|
| Citations |
2007 SLD 1428,
2007 SCMR 1485
|
| Other Citations |
1975 SCMR 1426,
Haji Nawab Khan v. Fazalur Rahman 1976 SCMR 502,
1997 SCMR 420,
Muhammad Taj v. Subedar Muhammad Rasheed 1989 SCMR 505,
Bhai Khan v. Allah Bakhsh 1986 SCMR 849,
Nazir Ahmad v. Ghulama 1987 SCMR 1704,
Dost Muhammad v. Nazar Hussain Khan 1984 SCMR 325,
Muhammad Arshad v. Ch. Fazal Haq 1991 SCMR 2149,
Khurshid Akbar v. Mian Manzur Ahmed 1982 SCMR 824,
Muhammad Nawaz v. Muhammad Sadiq 1995 SCMR 105,
Rehman-ud-Din v. Sahibzada Jehanzeb 2004 SCMR 418,
Riaz Hussain v. Nazar Muhammad 2005 SCMR 1664
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
21,
185(3)
|