| Case ID |
1efb2d50-05cf-4e51-a650-270de13d2b67 |
| Body |
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| Case Number |
Civil Petition No.376 of 1984 |
| Decision Date |
Sep 04, 1988 |
| Hearing Date |
Sep 04, 1988 |
| Decision |
The Supreme Court refused leave to appeal against the dismissal of a writ petition that arose from the setting aside of an ex parte decree. The trial court had set aside the decree in the second round of litigation following a remand from the District Court. The petitioner's civil revision against this setting aside was dismissed, and the High Court also denied relief in its constitutional jurisdiction. The Court agreed with the High Court that the revisional order by the District Judge was not liable to be set aside, thus leaving the earlier decisions intact. |
| Summary |
The case revolves around the constitutional jurisdiction of the High Court concerning the setting aside of an ex parte decree. The Supreme Court of Pakistan, in its decision dated 4th September 1988, affirmed the High Court's dismissal of a writ petition brought by Mst. ZAIDAT, which challenged the revisional order of the District Judge. The Supreme Court found that the previous decisions of the courts below were sound and did not warrant interference under Article 199 of the Constitution of Pakistan. This case highlights the importance of procedural due process and the limits of constitutional review in matters of civil litigation. The ruling serves as a precedent in understanding the boundaries of ex parte decrees and the revisional authority of trial courts. Key legal principles are reinforced regarding the appealability of decisions in civil matters, particularly in the context of constitutional jurisdiction. Legal practitioners should note the implications of this ruling for future cases involving similar procedural issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ALLAH,
SAAD SAOOD JAN
|
| Lawyers |
Malik Allah Yar Khan
|
| Petitioners |
Mst. ZAIDAT
|
| Respondents |
others,
SHAHADAT
|
| Citations |
1989 SLD 1653,
1989 SCMR 1392
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|