| Case ID |
2111e2da-88ac-4665-aa31-d05be94056eb |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.565 of 1982 |
| Decision Date |
Aug 03, 1988 |
| Hearing Date |
Aug 03, 1988 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the Lahore High Court's decision. The court held that arguments regarding the authority of the respondent to alienate land were not raised in the written statement and no issue had been framed, thus the petitioners had abandoned their plea. The court emphasized the importance of procedural compliance in civil litigation, particularly regarding the framing of issues and the presentation of arguments during the trial phase. The court also noted that the petitioners failed to prove any violation of the Colony Act in the transfer of land, leading to the dismissal of their claims. |
| Summary |
In this case, the Supreme Court of Pakistan addressed key issues regarding civil procedure and the importance of raising pertinent arguments during trial. The petitioners, Muhammad Rafiq and Ahmad Nawaz, contested a decision from the Lahore High Court, which had dismissed their revision petition concerning a suit for permanent injunction. The court examined whether the petitioners had effectively raised their arguments regarding the authority of the vendor to alienate the disputed land. The court ruled that since these arguments were not included in the written statement, the petitioners had effectively abandoned their claims. This case highlights the critical nature of procedural rules in civil litigation, reinforcing the necessity for parties to be diligent in framing issues and presenting their arguments clearly. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID LABAL
|
| Lawyers |
Ch. Mushtaq Masood,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
MUHAMMAD RAFIQ,
Ahmad Nawaz
|
| Respondents |
SARDAR,
Dost Muhammad
|
| Citations |
1989 SLD 558,
1989 SCMR 455,
1989 SLD 1114
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|