| Case ID |
14a5e6a9-f753-44d0-8f26-b84378372d66 |
| Body |
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| Case Number |
Civil Petition No.294 of 1980 |
| Decision Date |
Feb 18, 1987 |
| Hearing Date |
|
| Decision |
The petitioner's appeal was dismissed as the High Court found the findings of the trial Court regarding the issues unexceptionable. The respondents' suit, initially dismissed by the trial Court, was decreed by the Additional District Judge, leading to the petitioner's second appeal. The High Court concluded that the contest was confined to one issue, rendering the trial Court's findings on other issues adequate. Therefore, the petition merits no consideration and is dismissed. |
| Summary |
This case revolves around the appeal filed by Taj Din against the decision of the Additional District Judge that decreed the respondents' suit for a declaration regarding a thoroughfare. The Supreme Court assessed the validity of the appellate findings and the issues framed during the trial. The crux of the matter was whether the appeal was disposed of adequately, given that only one of five issues was addressed by the Additional District Judge. The Supreme Court upheld the High Court's findings, emphasizing that the contest was limited to a singular issue, thus dismissing the petition. This case highlights the importance of issue framing in civil procedure and the appellate review process, making it significant for practitioners in civil law and procedural matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
S. A. NUSRAT,
SAAD SAOOD JAN
|
| Lawyers |
Ejaz Ahmad Khan
|
| Petitioners |
TAJ DIN
|
| Respondents |
another,
MANAK
|
| Citations |
1987 SLD 1614,
1987 SCMR 805
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
96,
100,
1
|