| Case ID |
14e1999c-ff48-45f4-8814-d0abbe64cb87 |
| Body |
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| Case Number |
Civil Petition No. 1414-L of 2005 |
| Decision Date |
Oct 19, 2005 |
| Hearing Date |
Oct 19, 2005 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioners, holding that the assertions made in their pleadings were based on incorrect information and ignorance. The Court emphasized that no litigant could be permitted to plead ignorance or lack of information to advance their case. The judgment of the trial court had been examined and upheld by both the High Court and the Supreme Court, and the decree had attained finality. The Court reiterated that the jurisdiction of the Court is conferred by law and does not depend on the correctness of the facts presented by the litigants. Therefore, the petitioners' request for review based on newly discovered facts was denied, and the leave to appeal was refused. |
| Summary |
In the case of Civil Petition No. 1414-L of 2005, the Supreme Court of Pakistan addressed significant issues surrounding the application of the Civil Procedure Code (V of 1908), particularly Section 12(2) regarding setting aside judgments based on new evidence. The case involved petitioners Muhammad Hussain and respondents Mukhtar Ahmad, where the petitioners sought to challenge a pre-emption suit that had been decreed in favor of the respondents. The Supreme Court firmly established that a party's ignorance of facts cannot serve as a valid basis for overturning a final judgment. The Court emphasized the importance of the finality of decrees and the need to maintain judicial integrity against endless litigation based on claims of ignorance. This case underscores the principles of legal certainty and the necessity for litigants to present accurate information in their pleadings. The decision highlights the procedural rigor of the legal system and serves as a precedent in matters of review applications under the Civil Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
A.K. Dogar, Advocate Supreme Court,
Haji Muhammad Rafi Siddiqui, Advocate-on-Record
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
MUKHTAR AHMAD
|
| Citations |
2006 SLD 2381,
2006 SCMR 71
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12(2),
O.XLVII R.1(c),
185(3)
|