| Case ID |
20ae2854-23cb-44b0-961d-7e5b263ce702 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 96 |
| Decision Date |
Mar 02, 1987 |
| Hearing Date |
Mar 02, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal from the order of the Lahore High Court. The court found that the dispute between the parties had already been resolved by a special oath taken by the predecessor of the petitioners. If the decree from the earlier suit did not align with the terms of the oath, the petitioners could appeal that decree. However, the present suit was deemed not maintainable, and thus the petition for leave to appeal was not granted. |
| Summary |
This case revolves around the legal principles concerning petitions for special leave to appeal, specifically under Article 185(3) of the Constitution of Pakistan (1973). The Supreme Court assessed an earlier suit's resolution through a special oath and determined that the current petition was not maintainable. This decision underscores the importance of adhering to the terms of prior legal agreements and oaths in adjudicating disputes. Legal practitioners and scholars studying civil procedure and constitutional law will find this case significant, as it emphasizes the finality of past judgments unless challenged appropriately. Key trends in legal practice such as the role of oaths in civil disputes and the criteria for granting leave to appeal are critical points of interest for ongoing legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SAAD SAOOD JAN
|
| Lawyers |
Zafar Pasha Chaudhary,
Mahmood Qureshi
|
| Petitioners |
SAID MUHAMMAD and others
|
| Respondents |
ABDUL MAJID and another
|
| Citations |
1987 SLD 1637,
1987 SCMR 840
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185 (3)
|