| Case ID |
19ec1c96-cfb9-43e1-877a-61f0e08898e2 |
| Body |
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| Case Number |
Civil Appeals Nos. 4 to 6/P of 1981 |
| Decision Date |
Dec 02, 1985 |
| Hearing Date |
Dec 02, 1985 |
| Decision |
The Supreme Court of Pakistan decided to allow the appeals and remand the case to the High Court for a decision on merit. The Court ruled that the High Court had erred in remanding the case for the determination of whether the appellants had become owners of the suit land due to a time-barred mortgage, and whether they possessed a superior right of pre-emption against the respondents. The Court emphasized that a party cannot raise new pleas in a second appeal that were not previously presented in the trial court. The concurrent findings of the lower courts were maintained, affirming the principle that parties are bound by their pleadings. |
| Summary |
This case involves a dispute over pre-emption rights in relation to a sale of mortgagee rights. The Supreme Court of Pakistan addressed the errors made by the High Court in its decision to remand the case back to determine ownership rights based on a time-barred mortgage. The Court reiterated the importance of adhering to the original pleadings and the limitations on introducing new pleas at the appellate stage. The decision highlights the principle that concurrent findings by lower courts should not be disturbed unless there are strong legal grounds to do so. The case underscores the significance of established property rights and the procedural rules governing civil appeals in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Jalaluddin Khan,
Abdul Samad Khan
|
| Petitioners |
FAZAL RAHMAN
|
| Respondents |
another,
AMIR HAIDER
|
| Citations |
1986 SLD 977,
1986 SCMR 1814
|
| Other Citations |
Muzammil Shah v. Gul Badishah Civil Appeal No. 57/P of 1972,
P L D 1979 SC 965
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 100
|