| Case ID |
0f9c31ad-9765-494a-868c-a9ea6260fa64 |
| Body |
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| Case Number |
Civil Petition No. 1193 of 1983 |
| Decision Date |
Apr 02, 1988 |
| Hearing Date |
Apr 02, 1988 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, holding that the petitioners failed to challenge the finding of the trial court regarding the principle of 'sinker' and the limitation on the suit's filing. The High Court's decision that the suit was within time was supported by precedent, specifically referencing Siddique Khan v. Abdul Shakoor Khan. The court concluded that the petitioners could not resurrect the controversy at the leave to appeal stage, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 1193 of 1983, the Supreme Court of Pakistan addressed a pre-emption suit under the Punjab Pre-emption Act, 1913. The petitioners, who were vendees, sought leave to appeal after the trial court's decree was overturned by the Additional District Judge on the grounds of time limitation related to court-fee deficiency. The High Court restored the trial court's decision, prompting the petitioners to challenge the findings on the principle of 'sinker' and the timeliness of the pre-emptor's suit. However, the Supreme Court found the petitioners' arguments unmeritorious as they failed to contest the trial court's findings at earlier stages. The court emphasized adherence to procedural timelines and the significance of established legal principles, ultimately dismissing the petition. This case highlights the critical nature of challenging findings in lower courts and the strict adherence to procedural requirements, serving as a vital precedent in pre-emption law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
7 others,
DILAWAR
|
| Respondents |
GHULAM MUSTAFA
|
| Citations |
1988 SLD 2426,
1988 SCMR 1074
|
| Other Citations |
Siddique Khan v. Abdul Shakoor Khan P L D 1984 S C. 289
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
15
|