| Case ID |
1563eb67-d25a-4167-91f5-cb3892c4817e |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.194 |
| Decision Date |
Oct 10, 1969 |
| Hearing Date |
Oct 10, 1969 |
| Decision |
The petitioner has filed a First Appeal in the High Court against a money decree of Rs. 50,000 passed against him ex parte based on a pro-note. The High Court admitted the appeal but refused to stay execution of the decree, directing that the decree-holder will not withdraw the amount without adequate security. The petitioner argued that raising the amount would jeopardize his business. The Supreme Court found that the High Court acted within its discretion and decided not to interfere with its order. The petitioner was advised to seek modification of the order from the High Court if necessary. The petition was ultimately dismissed, and leave was refused. |
| Summary |
In the case of Mian Mushtaq Ahmad vs. Ch. Bashir Ahmad, the Supreme Court of Pakistan dealt with a civil petition for special leave to appeal regarding a money decree. The petitioner, Mian Mushtaq Ahmad, challenged the High Court's decision which refused to stay the execution of a decree amounting to Rs. 50,000 based on a pro-note. The Supreme Court upheld the discretion exercised by the High Court and dismissed the petition. This case highlights the principles of civil procedure, particularly concerning the stay of execution pending appeal, emphasizing the balance between the rights of the decree-holder and the obligations of the petitioner. Legal professionals and entities involved in similar civil matters may find this case significant, especially in understanding the parameters of judicial discretion in financial disputes. The ruling reinforces the importance of adequate security when appealing against decrees, serving as a reference for future cases in civil law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD,
WAHIDUDDIN AHMAD, JJ.
|
| Lawyers |
Khalil-ur-Rahman Khan, Advocate Supreme Court,
Rana Maqbul Ahmad Qadri, Attorney for Petitioner
|
| Petitioners |
Mian MUSHTAQ AHMAD
|
| Respondents |
Ch. BASHIR AHMAD
|
| Citations |
1970 SLD 243,
1970 SCMR 183
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, r. 5
|