| Case ID |
0f893d4d-8dc3-4200-8e85-b11b205485bb |
| Body |
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| Case Number |
Civil Petitions Nos. 5 to 14 of 1982 |
| Decision Date |
Jun 07, 1988 |
| Hearing Date |
Jun 07, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the Lahore Municipal Corporation against the dismissal of its Civil Revisions by the High Court. The case centered around the failure of the petitioner to file a written statement as required by the court, leading to the application of a rule of penalty under Order VIII, Rule 10 of the Civil Procedure Code. The Court expressed a desire to explore various important questions regarding the nature of the penalty and the discretion exercised by the court, but was hindered by the lack of material and assistance from the petitioner's counsel. The court noted that an earlier case, Mst. Hakumat Bibi v. Imam Din, had already dealt with similar issues, and without proper documentation and support, the petitions were ultimately dismissed. |
| Summary |
In the landmark case of Civil Petitions Nos. 5 to 14 of 1982, the Supreme Court of Pakistan addressed critical issues surrounding the procedural requirements for filing written statements and the implications of failing to comply with such requirements. The Lahore Municipal Corporation sought leave to appeal against the High Court's dismissal of its Civil Revisions, which were primarily based on the application of penalty rules due to the corporation's failure to file the necessary written statement. The Court indicated that it wanted to examine the nature of penalties applicable under the Civil Procedure Code, specifically under Order VIII, Rule 10, and the conditions that warrant compelling a defendant to respond. However, the absence of essential documentation and inadequate legal representation led to the dismissal of the petitions. This case underscores the importance of compliance with procedural rules in civil litigation and the potential consequences of neglecting such obligations. Legal practitioners must ensure thorough preparation and availability of necessary materials to assist the court effectively. The case also refers to previous rulings, reflecting on the evolving jurisprudence surrounding civil procedure in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore Municipal Corporation,
Messrs AWAN CONTRACTORS
|
| Judges |
MUHAMMAD AFZAL ZULLAH, J.,
SAAD SAOOD, J.
|
| Lawyers |
S. Abid Nawaz, Advocate-on-Record for Petitioner,
MA. Qureshi, Advocate-on-Record for Respondent (in Civil Petition No. 5 of 1982)
|
| Petitioners |
LAHORE MUNICIPAL CORPORATION
|
| Respondents |
Messrs AWAN CONTRACTORS and others
|
| Citations |
1989 SLD 410,
1989 SCMR 107,
1989 SLD 966
|
| Other Citations |
Mst. Hakumat Bibi v. Imam Din PLD 1987 SC 22
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
O.VIII, R.10
|