| Case ID |
0bfd8fec-c544-47b6-8414-db7bf388dc46 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 106-P of 19 |
| Decision Date |
May 01, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal regarding the setting aside of an ex parte decree. The petitioners failed to meet the established legal rule from previous case law which was unfavorable to their position. As a result, the court found no merit in the arguments presented by the learned counsel for the petitioners, leading to the dismissal of the petition as without any force. |
| Summary |
In the case of 'Civil Petition for Leave to Appeal No. 106-P of 1988', the Supreme Court of Pakistan addressed the issue of setting aside an ex parte decree. The court, led by judges Muhammad Afzal Zullah and Usman Ali Shah, found that the petitioners, represented by Aman Khan and Noor Ahmad, were unable to counter the legal precedent established in Rehman Weaving Factory (Regd.) v. Industrial Development Bank of Pakistan which was against their appeal. The petition was ultimately dismissed, reflecting the stringent standards for overturning ex parte decrees in civil procedure. This case highlights the importance of adhering to established legal rules and the challenges petitioners face when seeking to challenge such decrees. Keywords: ex parte decree, civil procedure, Supreme Court of Pakistan, legal precedent, petition dismissal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
USMAN ALI SHAH
|
| Lawyers |
Aman Khan,
Noor Ahmad
|
| Petitioners |
13 others,
RASOOL KHAN
|
| Respondents |
7 others,
Mst. KHURSHID BEGUM
|
| Citations |
1989 SLD 1942,
1989 SCMR 1820
|
| Other Citations |
PLD 1981 SC 21
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. IX, Rr. 6 & 13,
Art. 185 (3)
|