| Case ID |
15109f15-f9a6-4b1a-85e0-bbe4ae67b417 |
| Body |
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| Case Number |
Appeal No. 212 of 1979 |
| Decision Date |
Oct 23, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, by consent, set aside the judgments of the District Judge Sheikhupura dated 29-1-1977 and the subsequent judgment of the High Court dated 28-5-1979. The case has been remanded to the District Judge, Sheikhupura for consideration of whether the appeal filed by the petitioners against the order of the Civil Judge dated 31-7-1975, which was not competent in law, may be considered as a revision application under section 115 of the Code of Civil Procedure. The appeal is allowed as stated, with no order as to costs. |
| Summary |
This case revolves around the procedural nuances of the Civil Procedure Code (V of 1908) in Pakistan, particularly concerning the appeal process. The Supreme Court examined the implications of consent judgments and the authority of lower courts in handling appeals deemed incompetent. The case underscores the importance of procedural integrity and the court's ability to remand cases for further consideration. It highlights the role of legal representatives in navigating complex judicial pathways, ensuring that rights are preserved within the framework of the law. The decision emphasizes the necessity for clarity in legal proceedings and the potential for revision applications to address issues of competency. This ruling is vital for practitioners and scholars focusing on civil procedure, appellate advocacy, and judicial review in Pakistan, making it a significant reference point for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, ACTG. C.J.,
NASIM HASAN SHAH,
ABDUL KADIR SHAIKH,
S. A. NUSRAT
|
| Lawyers |
S.M.K. Lodhi,
Ghulam Nabi Bhatti,
Imtiaz Muhammad Khan
|
| Petitioners |
Ch. MUHAMMAD IQBAL AHMAD
|
| Respondents |
others,
Mst. SHAHIDA HAMID
|
| Citations |
1986 SLD 472,
1986 SCMR 455
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115,
O. XXIII, r. 3
|