| Case ID |
1780ddc2-5454-4682-99a4-36d615eeaaf4 |
| Body |
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| Case Number |
Civil Petition No. 73.R of 1983 |
| Decision Date |
Nov 21, 1983 |
| Hearing Date |
Nov 21, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' case, determining that the subsequent writ petition lacked justification due to the petitioners' abandonment and conversion of their earlier writ petition into a revision. The court observed that the petitioners had previously filed Writ Petition No. 533 of 1981 after abandoning Writ Petition No. 296 of 1981, which was already dismissed. Consequently, the Supreme Court found no merit in granting leave for the new writ petition, leading to its dismissal. |
| Summary |
In the landmark case Civil Petition No. 73.R of 1983, heard by the Supreme Court of Pakistan on November 21, 1983, the court addressed critical issues surrounding the maintainability of writ petitions under Article 199 of the Constitution of Pakistan (1973). The petitioners, led by Abdul Rehman and others, challenged the dismissal of their previous writ petitions by the Lahore High Court, Rawalpindi Bench. The Supreme Court, presided over by Chief Justice Muhammad Haleem and Justices Aslam Riaz Hussain, Muhammad Afzal Zullah, and M.S.H. Quraishi, examined the legal intricacies of abandoning an earlier writ petition in favor of a revision and the implications of filing a subsequent writ petition under such circumstances. The court concluded that the petitioners had not justified their actions, as they had essentially abandoned their initial writ petition and sought to relitigate the same matter through a new petition. This decision underscores the judiciary's stance on preventing the misuse of writ petitions to challenge already adjudicated matters without substantial grounds. The involvement of prominent lawyers like Kh. Muhammad Yusuf Saraf and Ch. Akhtar Ali for the petitioners, and the representation of the respondents by Nemo, highlighted the case's significance in constitutional jurisprudence. This case serves as a pivotal reference for understanding the maintainability criteria of writ petitions and the procedural expectations from petitioners in the Pakistani legal system. Legal professionals and scholars often cite this decision when deliberating on matters of petition abandonment, revision conversions, and the strategic filing of subsequent petitions in civil litigation. The Supreme Court's thorough analysis and subsequent dismissal of the petition reaffirmed the importance of adhering to procedural norms and ensuring that judicial resources are utilized judiciously. This case remains a cornerstone in Pakistani civil jurisprudence, offering valuable insights into the balance between petitioners' rights to seek judicial remedies and the judiciary's responsibility to uphold procedural integrity and efficiency. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ABDUL REHMAN AND others,
ADDITIONAL DISTRICT JUDGE, RAWALPINDI AND others
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
M.S. H. QURAISHI, JJ
|
| Lawyers |
Kh. Muhammad Yusuf Saraf,
Ch. Akhtar Ali,
Nemo
|
| Petitioners |
ABDUL REHMAN AND others
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, RAWALPINDI AND others
|
| Citations |
1984 SLD 422,
1984 SCMR 205
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|