| Case ID |
1aa16ba9-4fbc-4cdf-aca4-5351820c5c5c |
| Body |
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| Case Number |
Civil Revision No. 1385 of 2002 |
| Decision Date |
Oct 09, 2008 |
| Hearing Date |
Oct 09, 2008 |
| Decision |
The Lahore High Court dismissed the petition as the petitioners failed to provide necessary particulars regarding the date, time, and place of the Talb-i-Muwathibat in their plaint, which is a mandatory requirement under Section 13 of the Punjab Pre-emption Act, 1991. The court emphasized the importance of adhering to procedural requirements in legal proceedings, stating that such omissions constitute a fatal defect affecting the maintainability of the suit. The decision also referenced previous cases to highlight the binding nature of Supreme Court judgments on lower courts, reinforcing the principle that the most recent view expressed by the Supreme Court should be followed in cases of conflicting interpretations. |
| Summary |
This case revolves around the principles of pre-emption under the Punjab Pre-emption Act, 1991, specifically focusing on the requirements for filing a suit for possession through pre-emption. The Lahore High Court ruled that the absence of specific details regarding the Talb-i-Muwathibat in the plaint resulted in the case being deemed non-maintainable. The court's decision underscores the critical nature of procedural compliance in legal filings, which serves to protect the integrity of judicial processes. Key legal precedents were cited to reinforce the ruling, emphasizing that adherence to statutory requirements is essential for the success of such suits. The judgment also reiterated the binding nature of Supreme Court decisions on lower courts, highlighting the importance of following established legal interpretations to ensure consistency in the application of law. This case serves as a significant reference point for future cases involving the Punjab Pre-emption Act, providing clarity on the necessity of detailed pleadings in pre-emption suits. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL, J
|
| Lawyers |
Ch. Muhammad Siddique Minhas,
Manzoor Hussian Bassa
|
| Petitioners |
KHURSHID BIBI
|
| Respondents |
Ch. M. NAZIR CHEEMA
|
| Citations |
2009 SLD 334,
2009 PLD 415
|
| Other Citations |
1999 SCMR 2883,
2000 SCMR 314,
2000 SCMR 329,
PLD 2005 SC 977,
PLD 2007 SC 302,
PLD 2003 SC 315,
2005 SCMR 431,
2007 CLC 1192
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Constitution of Pakistan, 1973
|
| Sections |
13,
13(1),
189
|