| Case ID |
17b74733-1cc5-4451-b638-f55dbb778b45 |
| Body |
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| Case Number |
Civil Appeals Nos.20 and 21 of 1982 |
| Decision Date |
Feb 05, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the appeals were incompetent due to the consent decree issued by the trial court. The court emphasized that the defendants could not challenge the decree based on limitation after agreeing to a compromise. The ruling highlighted the importance of raising all relevant grounds at the trial stage and established that a consent decree bars subsequent appeals unless specific grounds were previously raised. The court dismissed the appeals with costs, affirming the sanctity of consent decrees in litigation. |
| Summary |
In the case of Civil Appeals Nos.20 and 21 of 1982, the Supreme Court of Pakistan addressed critical issues surrounding consent decrees and the implications of limitation in civil litigation. The case arose from two suits involving pre-emption rights over agricultural land sold through registered sale-deeds. The appellants claimed superior rights and initiated suits after the sales, which were later resolved by consent. The Supreme Court underscored the principle that once a consent decree is established, parties are generally barred from raising new grounds, particularly those related to limitation, in subsequent appeals. This case serves as a significant reference for understanding the legal frameworks governing civil procedure and the binding nature of consent agreements, reinforcing the critical nature of timely and complete legal arguments in trial courts. Keywords such as 'consent decree', 'limitation law', and 'civil procedure' are vital in understanding the implications of this ruling and its relevance in contemporary legal practice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
JAVID IQBAL,
USMAN ALI SHAH
|
| Lawyers |
Muhammad Saeed Akhtar, Advocate, Supreme Court,
Syed Inayat Hussain Shah, Advocate-on-Record,
Raja Mahmood Akhtar, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record
|
| Petitioners |
SAJJAD HUSSAIN
|
| Respondents |
others,
MUSARAT HUSSAIN SHAH
|
| Citations |
1989 SLD 1947,
1989 SCMR 1826
|
| Other Citations |
P L D 1987 S C 107,
P L D 1986 S C 542,
P L D 1969 Lah. 365,
P L D 1959 Lah. 526,
A I R 1932 P C 251,
A I R 1930 P C 158,
A I R 1920 PC 139,
A I R 1926 Oudh 311,
P L D 1985 S C 153,
P L D 1977 S C 102,
P L D 1975 S C 624,
P I. D 1954 Lah. 655
|
| Laws Involved |
Supreme Court Rules, 1980,
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
O.XIX, R.5,
O.XXIII, R.3,
S.96,
S.14
|