Legal Case Summary

Case Details
Case ID 142e6f2d-2d42-45d7-8e51-23eceac6c57f
Body View case body.
Case Number Civil Petition No. 831 of 1985
Decision Date Oct 11, 1988
Hearing Date Oct 11, 1988
Decision The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's decision, affirming that the respondent's late deposit of the pre-emption amount was rectified by the court. The argument that the suit should have been dismissed due to the incomplete deposit was rejected. The court noted that the respondent was granted time to deposit the remaining amount, and that the execution of the decree was valid despite the timing of the deposit.
Summary This case revolves around the interpretation of pre-emption laws under the Punjab Pre-emption Act and the Constitution of Pakistan. The Supreme Court upheld the lower court's decision, emphasizing the importance of adhering to legal procedures for deposits in pre-emption cases. The ruling clarified that late deposits can be rectified by the court, ensuring that procedural technicalities do not undermine the substantive justice. This case highlights the balance between legal formalism and the pursuit of justice, making it significant in the context of property law and pre-emption rights in Pakistan. The court's decision serves as a precedent for future cases involving similar circumstances, reiterating the importance of timely legal representation and the role of the judiciary in interpreting statutory provisions. This ruling is particularly relevant for lawyers and advocates working in property law, as it sheds light on the critical aspects of pre-emption cases and the implications of deposit deadlines.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges NASIM HASAN SHAH, ALI HUSSAIN QAZILBASH
Lawyers Ch. Ghulam Mujtaba, Sardar Sami Hayat
Petitioners others, MUHAMMAD SHER
Respondents Malik MUHAMMAD ANWAR KHAN TIWANA
Citations 1989 SLD 329, 1989 SCMR 90, 1989 SLD 883
Other Citations Not available
Laws Involved Constitution of Pakistan, 1973, Punjab Pre-emption Act (I of 1913)
Sections 185(3), 15, 22