| Case ID |
1a77bd1d-c792-40ae-bada-8ab5285c8eae |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 262 |
| Decision Date |
Oct 08, 1968 |
| Hearing Date |
Oct 08, 1968 |
| Decision |
The Supreme Court granted special leave to appeal, allowing the petitioners to challenge the decision of the High Court. The case centered on the competency of the suit filed by the respondent-Bank against the petitioners for the recovery of a substantial sum. The trial court had dismissed the suit on the grounds of incompetency due to the lack of authority of the Bank's Manager. However, the High Court permitted additional evidence regarding the competency of the suit, ultimately reversing the trial court's decision and ruling in favor of the Bank. The case raised significant legal questions regarding the admissibility of additional evidence, the issue of limitation, and the relationship between the parties involved. |
| Summary |
This case revolves around a legal dispute involving the Bhalwal Central Cooperative Bank Ltd. and the petitioners, Firm Muhammad Hayat & Co. The Supreme Court of Pakistan had to determine whether additional evidence could be admitted during the appellate stage under the Civil Procedure Code. The case highlights essential legal principles regarding the authority of bank officials, the admissibility of evidence in appeals, and the implications of contractual relationships in banking operations. The decision underlines the importance of procedural correctness and equity in judicial proceedings, making it a significant reference for future cases in similar contexts. Key terms such as 'Civil Procedure Code', 'additional evidence in appellate court', and 'banking law' are critical in understanding the nuances of this case. The court's ruling not only resolved the immediate dispute but also set a precedent for how similar cases might be handled in the future, emphasizing the need for clarity in legal authority and procedural adherence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Bhalwal Central Cooperative Bank Ltd.,
Phullarwan Branch
|
| Judges |
HAMOODUR RAHMAN,
SAJJAD AHMAD
|
| Lawyers |
Hamid Ali Khan Sherwani,
Wajid Hussain
|
| Petitioners |
FIRM MUHAMMAD HAYAT & Co.
|
| Respondents |
Others,
THE BHALWAL CENTRAL COOPERATIVE BANK LTD.,
PHULLARWAN BRANCH
|
| Citations |
1969 SLD 176 = 1969 SCMR 19
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, r: 27
|