| Case ID |
137695ef-28a5-4253-ab85-9b52bb7341a3 |
| Body |
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| Case Number |
Civil Appeal No.175 of 1988 |
| Decision Date |
May 07, 1991 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the First Appellate Court had exercised its discretion in accordance with the law. The court found that the Additional District Judge had applied his mind to the request for suspension of the order regarding the deposit of pre-emption money. The appellants had failed to show that the judge did not consider the matter properly. As such, the appeal lacked merit and was dismissed, leaving the parties to bear their own costs. |
| Summary |
In the case of Civil Appeal No.175 of 1988 before the Supreme Court of Pakistan, the key issue revolved around the discretion exercised by the First Appellate Court regarding the extension of time for depositing pre-emption money. The appellants' suit was initially decreed but faced multiple dismissals in lower courts. The Supreme Court examined whether the Additional District Judge had adequately considered the appellants' request for an extension. Ultimately, the court upheld the decision of the lower court, emphasizing the importance of judicial discretion and the necessity for judges to apply their minds to the cases before them. The ruling serves as a precedent regarding the application of discretion in civil procedure, particularly in cases of pre-emption, and highlights the court's role in ensuring that lower courts adhere to procedural justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL SHAKURUL SALAM,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
|
| Petitioners |
Mst. ROBINA and others
|
| Respondents |
IJAZ HUSSAIN KAZMI and others
|
| Citations |
1993 SLD 552,
1993 SCMR 249
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
148,
O.XLI, R.5,
185(3)
|