| Case ID |
0c091de7-2c01-4d16-883d-98b55c0d20a6 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.3476-L of 2004 |
| Decision Date |
Jul 14, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, through a unanimous decision delivered by Judges Mian Hamid Farooq and Sheikh Hakim Ali, has granted leave to appeal in the case presented by petitioner Muhammad Iqbal against respondent Ali Sher. The petition sought to overturn the judgment of the Lahore High Court dated December 6, 2004, which had dismissed the revision petition filed by the petitioner. The core issue revolved around the compliance with the Punjab Pre-emption Act (IX of 1991), specifically Sections 13(2) and 13(3), pertaining to the pre-emption suit and the requirements for filing a Talb-i-Muwathibat. The petitioner contested that the plaint lacked essential details such as the date, time, and place of the Talb-i-Muwathibat, which are mandatory under the Act. The Supreme Court meticulously reviewed the pleadings, evidence, and legal arguments presented by both parties. It was established that the petitioner failed to incorporate the necessary particulars in the plaint, thereby justifying the trial court's decision to dismiss the suit based on incomplete allegations. Furthermore, the Court emphasized that allowing the respondent to introduce evidence not initially pleaded is contrary to established legal principles. Citing relevant case law, including Mian Pir Muhammad and another v. Faqir Muhammad and highlighting the dissent in Altaf Hussain v. Abdul Hameed alias Abdul Majeed, the Court underscored the importance of adhering to statutory requirements to ensure the integrity of legal proceedings. Consequently, the Supreme Court set aside the High Court's judgment and reinstated the trial court's decree dated June 23, 1997, effectively dismissing the respondent's appeal. The decision reinforces the necessity for precise and comprehensive pleadings in pre-emption suits, aligning with the legislative intent of the Punjab Pre-emption Act. |
| Summary |
In the landmark case Civil Petition No.3476-L of 2004, adjudicated by the Supreme Court of Pakistan on July 14, 2008, the Court addressed critical issues surrounding the Punjab Pre-emption Act (IX of 1991). The petitioner, Muhammad Iqbal, challenged the Lahore High Court's dismissal of his revision petition, arguing that the plaint lacked essential details required for a pre-emption suit, specifically the date, time, and place of Talb-i-Muwathibat. The Supreme Court, presided over by Judges Mian Hamid Farooq and Sheikh Hakim Ali, meticulously reviewed the case, emphasizing the necessity of adhering to statutory requirements to maintain the integrity of legal proceedings. The Court highlighted that the absence of these particulars in the plaint justified the trial court's decision to dismiss the suit, as per Sections 13(2) and 13(3) of the Punjab Pre-emption Act. By referencing pivotal case law, including Mian Pir Muhammad and another v. Faqir Muhammad and noting the dissent in Altaf Hussain v. Abdul Hameed alias Abdul Majeed, the Supreme Court reinforced the principle that litigants must present comprehensive pleadings before introducing evidence. The decision underscored that allowing evidence not initially pleaded undermines the legal process and contradicts established legal doctrines. Consequently, the Supreme Court set aside the High Court's judgment, reinstating the trial court's decree from June 23, 1997, and dismissed the respondent's appeal. This verdict serves as a precedent, highlighting the importance of precise legal documentation in pre-emption suits and ensuring that plaintiffs fulfill all statutory obligations before seeking judicial remedies. Legal practitioners and stakeholders in property law should note the Court's clear stance on the necessity of detailed pleadings, which not only uphold the legislative intent of the Punjab Pre-emption Act but also promote fairness and clarity in judicial proceedings. The case exemplifies the judiciary's role in interpreting and enforcing statutory requirements, ensuring that legal processes are both rigorous and equitable. As property disputes and pre-emption suits continue to be prominent in Pakistani jurisprudence, this decision provides clear guidance on the procedural prerequisites, thereby shaping future litigation strategies and fostering a more structured approach to legal advocacy in property law matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
High Court,
Additional District Judge,
Single Judge,
Advocate Supreme Court,
Advocate-on-Record
|
| Judges |
MIAN HAMID FAROOQ,
SHEIKH HAKIM ALI
|
| Lawyers |
Dr. Khalid Ranjha,
Mehmood-ul-Islam,
Muhammad Azeem Malik
|
| Petitioners |
MUHAMMAD IQBAL
|
| Respondents |
ALI Sher
|
| Citations |
2008 SLD 1911,
2008 SCMR 1682
|
| Other Citations |
Altaf Hussain v. Abdul Hameed alias Abdul Majeed through Legal Heirs and another 2000 SCMR 314,
Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302 fol.,
Rana Abdul Rasheed v. Iqbal Hussain 2008 CLC 1 ref.
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
S. 13(2)(3)
|