| Case ID |
173e3a94-d0a7-474d-b7c6-f14a7ea5f46d |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 80-k of 1 |
| Decision Date |
Dec 09, 1975 |
| Hearing Date |
|
| Decision |
The petition filed by Syed Alamdar Hussain was dismissed on the grounds of being barred by 126 days. The court found the explanation for the delay unsatisfactory, as the petitioner had acted through someone else to obtain a certified copy of the judgment. Furthermore, the court ruled that the petitioner was capable of providing instructions despite his medical condition. In addressing the substantive issues, the court noted that the lower courts had established a prima facie case for the respondents concerning the existence of a mutation of sale of the disputed property, which warranted the temporary injunction in their favor. Thus, the decision upheld the orders of the lower courts, indicating that the balance of convenience lay with the plaintiffs. |
| Summary |
In the case of Syed Alamdar Hussain vs. Muhanzmad Ramzan, the Supreme Court of Pakistan addressed critical issues concerning the Limitation Act and Civil Procedure Code. The petitioner sought a special leave to appeal against lower court decisions regarding a temporary injunction related to property rights. The case centered around the delay in filing the appeal, which was found to be unjustified due to the petitioner's failure to act promptly despite being capable of doing so. The court emphasized the importance of adhering to procedural timelines and reinforced the principle that the existence of a prima facie case for the plaintiffs justified the issuance of a temporary injunction. This case highlights significant legal principles surrounding the condonation of delay and the requirements for granting injunctions in civil disputes, making it a key reference point for similar future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD HALEEM
|
| Lawyers |
Ch. Inayatullah
|
| Petitioners |
Syed ALAMDAR HUSSAIN
|
| Respondents |
5 OTHERS,
MUHANZMAD RAMZAN
|
| Citations |
1976 SLD 285,
1976 SCMR 347
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
O. XXXIX, r. 1
|