Legal Case Summary

Case Details
Case ID 0bfd8fec-c544-47b6-8414-db7bf388dc46
Body View case body.
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)