| Case ID |
153b0643-674e-410c-9b75-1a2aa488764b |
| Body |
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| Case Number |
Civil Petition No. 833 of 1984 |
| Decision Date |
Oct 08, 1984 |
| Hearing Date |
Oct 08, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal from the judgment of the Lahore High Court. The court held that the petitioner could not raise a fresh plea that was not previously submitted. The case revolved around a pre-emption suit where the respondent was required to deposit a specific amount by a certain date, which was not fulfilled. The court reaffirmed that since the plea was not raised before the High Court, it could not be entertained at this stage. The petition was dismissed in limine, reinforcing the principles laid down in previous case law. |
| Summary |
In the case of Civil Petition No. 833 of 1984, the Supreme Court of Pakistan addressed the issue of pre-emption under the Punjab Pre-emption Act. The court emphasized the importance of timely deposit of Zar-e-Saman and ruled that the petitioner's failure to raise a specific plea in the Lahore High Court barred him from introducing it at the Supreme Court level. The decision highlights the procedural rigor in civil litigation and the necessity for parties to present all relevant arguments during earlier stages of legal proceedings. This case serves as a precedent regarding the limits of appeal and the importance of adherence to procedural timelines in civil cases. The ruling reinforces the established legal principles and ensures that parties cannot introduce new arguments at a higher appellate level, thereby maintaining the integrity of the judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN
|
| Lawyers |
Sh. Hamid Mukhtar, Advocate Supreme Court,
Mehdi Mehtab, Advocate on-Record,
Ch. Mahmood Aslam, Advocate-on-Record,
C.M. Latif Rawan, Advocate Supreme Court
|
| Petitioners |
others,
NOORA
|
| Respondents |
Mst. MATLOOB BIBI
|
| Citations |
1985 SLD 1086,
1985 SCMR 2080
|
| Other Citations |
Siddique Khan v. Abdul Shakur Khan PLD 1984 S C 289
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
4,
15
|