Case ID |
2078ae7a-5d55-47cf-b987-59773fa43cd8 |
Body |
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Case Number |
Civil Petition for leave to Appeal No.650-L of 200 |
Decision Date |
Apr 17, 2002 |
Hearing Date |
|
Decision |
The Supreme Court refused leave to appeal regarding the dismissal of the review application by the Lahore High Court. The review application was filed by the petitioners after more than three and a half months, claiming that their counsel was on general adjournment during the hearing of the civil revision. However, the High Court found that the counsel was present and had not substantiated the claim with an affidavit. The Supreme Court concluded that there was no legal infirmity in the High Court's decision, affirming that the petitioners were granted an opportunity to present their case. Consequently, the petition was dismissed. |
Summary |
In this pivotal case from the Supreme Court of Pakistan, the petitioners challenged the dismissal of their review application concerning a civil revision. The case revolves around procedural nuances of the Civil Procedure Code and the Constitution of Pakistan. The Supreme Court scrutinized the claims of the petitioners regarding their counsel's absence during the critical hearing, ultimately affirming the High Court's findings. This case underscores the importance of timely legal representation and the adherence to procedural requirements in judicial proceedings. The ruling emphasizes that failure to provide adequate evidence, such as an affidavit, can result in the dismissal of appeals, thereby reinforcing the procedural integrity of the judicial system. Key legal principles regarding review applications and the rights of petitioners were highlighted, making this case significant for future legal interpretations. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
TANVIR AHMED KHAN,
KHALIL-UR-REHMAN RAMDAY
|
Lawyers |
Syed Shamim Abbas Bokhari,
Syed Abul Aasim Jafri,
Shahid Hussain Kadri
|
Petitioners |
others,
NOOR MUHAMMAD
|
Respondents |
Mst. BAKHTAN
|
Citations |
2002 SLD 1556,
2002 SCMR 1998
|
Other Citations |
Not available
|
Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
Sections |
114,
151,
115,
O.XLVII, R.1,
Art.185(3)
|