| Case ID |
14a548ca-dd23-4277-9f0b-027b020d5960 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1253/L of 19 |
| Decision Date |
Jan 23, 1995 |
| Hearing Date |
Jan 23, 1995 |
| Decision |
The Supreme Court granted leave to appeal, considering whether the High Court was justified in reversing the finding of the Appellate Court on the issue of partial pre-emption and decreeing the plaintiff's suit. The Court highlighted the importance of the description of the property in the original plaint and the procedural aspects related to the amendment applications. The decision emphasized maintaining the status quo concerning the suit property until the matter is resolved. |
| Summary |
In the case of Civil Petition for Leave to Appeal No.1253/L of 1994, the Supreme Court of Pakistan dealt with a crucial matter regarding pre-emption under the Punjab Pre-emption Act (I of 1913). The case arose from a dispute where the trial court initially ruled in favor of the plaintiff, stating that the suit was not defective due to allegations of partial pre-emption. However, this finding was overturned by the Appellate Court, leading to a revision petition by the plaintiff in the High Court. The High Court reinstated the trial court's decision, prompting the petitioners to seek leave to appeal in the Supreme Court. The Court focused on the procedural aspects of amendments to the plaint and the significance of property description, ultimately granting leave to appeal. This case underscores the complexities of property law and procedural rules in civil litigation, particularly in the context of pre-emption claims. Keywords such as 'pre-emption law', 'civil procedure', 'Supreme Court', and 'property disputes' are essential for understanding the legal landscape surrounding this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
FAZAL KARIM
|
| Lawyers |
Talib H. Rizvi, Advocate Supreme Court,
Ch. Qamaruddin Khan Meo, Advocate-on-Record,
Mian Saeedur Rehman Farrukh, Advocate Supreme Court,
Sh. Salahuddin, Advocate-on-Record
|
| Petitioners |
others,
SUBHAN KHAN
|
| Respondents |
others,
SULLEN KHAN
|
| Citations |
1998 SLD 664,
1998 SCMR 1195
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
15,
O.VI, R. 17,
O.XLVII, R. 1,
Art. 185(3)
|