| Case ID |
1b0fed3a-6c7d-4294-84e4-8bed5d666402 |
| Body |
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| Case Number |
Civil Appeals Nos. 168 & 169 of 2004 |
| Decision Date |
May 09, 2005 |
| Hearing Date |
Oct 25, 2004 |
| Decision |
The Supreme Court of AJ&K ruled that the previous judgment regarding the compromise between the parties was based on a misunderstanding. The Court found that there was no valid compromise regarding Survey No. 143 in the earlier litigation. The High Court's decision was overturned, and the case was remanded for fresh decision, emphasizing the need for proper legal procedures to be followed, particularly concerning service of notice in ex-parte proceedings. |
| Summary |
In the landmark case of Civil Appeals Nos. 168 & 169 of 2004, the Supreme Court of AJ&K addressed critical issues surrounding the validity of compromises in civil litigation. The case arose from earlier suits involving land disputes where the parties claimed ownership over specific survey numbers. The Court examined the procedural aspects of the Civil Procedure Code, particularly concerning the validity of ex-parte proceedings and the requirement for legal notice. It was determined that the High Court had incorrectly concluded that a compromise existed regarding Survey No. 143, which led to the dismissal of the appeals. The Supreme Court's ruling clarified that no compromise had been presented during earlier litigation, thereby rendering the previous judgments unsustainable. This decision underscores the importance of adhering to procedural laws and the necessity for comprehensive evidence in civil disputes. The case serves as a critical reference point for future litigations involving compromises and procedural compliance in the legal framework of AJ&K. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Khawaja Muhammad Saeed, C.J.,
Chaudhry Muhammad Taj, J.
|
| Lawyers |
Mir Sharafat Hussain,
Mr. Imdad Ali Mallick,
Kh. Shahad Ahmed
|
| Petitioners |
MASHKOOR HUSSAIN SHAH and others
|
| Respondents |
MUNAWAR SHAH and others
|
| Citations |
2005 SLD 3948,
2005 PLJ 109
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
3,
O. XXIII, R. 3,
O. V, R. 18,
42
|