| Case ID |
14023944-3f78-4673-a784-93d7e18902a6 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.839 of 1987 |
| Decision Date |
Nov 25, 1987 |
| Hearing Date |
Nov 25, 1987 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by Mst. Wahida Akhtar against the Lahore High Court's order dated May 25, 1985. The case involved an application for a temporary injunction which was rejected by both the Trial Court and the Revisional Court. The High Court also dismissed the writ petition on the grounds that no interference was warranted regarding the temporary injunction in the pending suit. The Court noted that no substantial question of law was raised, and therefore, no interference was necessary in the interlocutory order. The decision emphasized adherence to procedural norms and the Court's reluctance to disrupt ongoing litigation without a compelling legal basis. Thus, the petition was dismissed. |
| Summary |
In the case of Mst. Wahida Akhtar vs. Mst. Amtul Ghafoor and Others, the Supreme Court of Pakistan ruled on a Civil Petition for Leave to Appeal regarding the rejection of a temporary injunction application. The Court, presided over by Justices Aslam Riaz Hussain and Javid Iqbal, upheld the lower courts' decisions, emphasizing that no interference was warranted as there was no substantial question of law raised. The ruling underscored the importance of judicial restraint in interlocutory matters, maintaining the status quo during ongoing litigation. The case highlights the procedural intricacies of the Civil Procedure Code and the constitutional provisions governing appeals, particularly Article 185(3) of the Constitution of Pakistan, 1973. The legal principles surrounding temporary injunctions and the criteria for granting them were central to the Court's analysis, reflecting the judiciary's careful approach to balancing the rights of parties in civil disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
JAVID IQBAL
|
| Lawyers |
M.Saleem Shahnazi,
Sh.Salahuddin,
Abdul Majeed,
Hamid Aslam Qureshi
|
| Petitioners |
MST.WAHIDA AKHTAR
|
| Respondents |
OTHErs,
MST. AMTUL GHAFOOR
|
| Citations |
1988 SLD 2988,
1988 SCMR 235
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
1,
2,
185(3)
|