| Case ID |
0f62428c-005f-4494-8dba-f57f4a2c9d6e |
| Body |
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| Case Number |
Civil Petition No.59-L of 2002 |
| Decision Date |
Dec 09, 2002 |
| Hearing Date |
Dec 09, 2002 |
| Decision |
The petition was dismissed as the petitioner failed to provide a certified copy of the decree sheet along with the appeal, which is a mandatory requirement under the Civil Procedure Code. The appellate court had previously ruled that the absence of this document rendered the appeal improperly constituted. Despite the petitioner's claims, the court confirmed that the requirement for appending the decree was mandatory and emphasized the importance of adhering to procedural rules for the timely resolution of appeals. The court noted the petitioner's negligence in not appending the necessary documents despite having access to them within the prescribed period. Consequently, the Supreme Court upheld the lower court's decision, reinforcing the principle that procedural compliance is essential in appellate proceedings. |
| Summary |
The case revolves around the procedural requirements for filing an appeal under the Civil Procedure Code (CPC) in Pakistan. The Supreme Court addressed the critical issue of whether the absence of a certified copy of the decree sheet at the time of filing an appeal constituted grounds for dismissal. The court highlighted that the CPC mandates the inclusion of such documents to ensure the proper and timely administration of justice. The case also discussed the implications of failing to comply with these requirements, emphasizing the necessity for petitioners to act diligently in securing and submitting all relevant documentation within the stipulated time frame. This ruling serves as a significant precedent for future cases regarding the strict adherence to procedural norms in the appellate process, reaffirming the judiciary's commitment to upholding legal standards and protecting the rights of all parties involved. Key terms include 'Civil Procedure Code', 'appellate jurisdiction', 'decree sheet', 'mandatory requirements', and 'procedural compliance'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner.,
Ch. Muhammad Hassan, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Respondents.
|
| Petitioners |
COOPERATIVE MODEL TOWN SOCIETY through Secretary
|
| Respondents |
Mst. ASGHARI SAFDAR and others
|
| Citations |
2005 SLD 1242,
2005 SCMR 931
|
| Other Citations |
PLD 1979 SC 830,
PLD 1975 SC 678,
PLD 1992 SC 822,
1985 CLC 1711,
PLD 1986 SC 178,
PLD 1983 Pesh. 215
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, R. 1,
S.5,
Art. 185(3)
|