| Case ID |
16d06686-52f7-4da3-a0ff-6d151f517f85 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 213/L of 19 |
| Decision Date |
Jun 05, 1995 |
| Hearing Date |
Jun 05, 1995 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the High Court's decision to extend the time for the deposit of the balance amount. The court held that the suspension of the execution of the decree effectively suspended the obligation of the respondents to deposit the balance amount. The omission of the High Court to specify the time for deposit did not prejudice the rights of the respondents. It was determined that the High Court acted within its jurisdiction to rectify its earlier omission by granting an extension for the deposit of the balance amount after the appeal was withdrawn. This decision underscores the principle that no act or omission of the Court should prejudice the rights of the parties involved. |
| Summary |
This case involves a petition for leave to appeal concerning the specific performance of an agreement to sell property. The Supreme Court of Pakistan addressed the issue of whether the High Court erred in allowing the extension of time for the deposit of the balance sale price after the execution of the decree was suspended. The court underscored that the suspension of execution also suspended the obligation to deposit the balance amount. The decision highlights the importance of ensuring that parties' rights are not prejudiced due to court omissions. The ruling reinforces the principle that courts must rectify errors when they are brought to their attention, ensuring fairness in judicial proceedings. Legal representatives involved include senior advocates from the Supreme Court, emphasizing the case's significance in civil law and procedure. This case serves as a precedent for future matters relating to the execution of decrees and the responsibilities of parties in light of court orders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
RAJA AFRASIAB KHAN
|
| Lawyers |
Abdul Majeed Khan, Senior Advocate Supreme Court,
Azeemuddin, Advocate Supreme Court,
Hamid Aslam Qureshi, Advocate-on-Record,
Nasir Ahmad Khan, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab Advocate-on-Record
|
| Petitioners |
IFTIKHAR BAIG
|
| Respondents |
MUHAMMAD AZAM
|
| Citations |
1996 SLD 1212,
1996 SCMR 762
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
12,
185(3)
|