| Case ID |
2151f942-6b0c-4000-aefb-0692314c04c1 |
| Body |
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| Case Number |
C.P. No.434-L of 2003 |
| Decision Date |
Jun 17, 2004 |
| Hearing Date |
Jun 17, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Mst. Mussarrat Bibi against the concurrent findings of the lower courts which upheld the decision regarding the ownership of property in question. The Court noted that there was no issue framed regarding the jurisdiction of the Civil Court, and no objections could be entertained at the revision stage. The decision reinforced the principle that a party must raise jurisdictional issues at the appropriate time, which was not done in this case. Hence, the petition was found to be without merit and was dismissed, with leave refused. |
| Summary |
This case pertains to a property dispute between Mst. Mussarrat Bibi and Taj Din regarding ownership of a property in Mianwali. The Supreme Court's ruling emphasized the importance of jurisdictional challenges being raised in a timely manner, as the failure to do so precludes such objections at later stages. The case highlights key legal principles under the Civil Procedure Code, particularly sections concerning the jurisdiction of civil courts and the procedural aspects of framing issues. This ruling serves as a precedent for similar cases where jurisdictional matters are contested. Legal practitioners should take note of the implications surrounding the timely assertion of jurisdictional claims, as established in this judgment. The case reinforces the necessity for thorough preparation and strategic legal counsel when navigating civil litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
KHALIL-UR-REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ch. Inayatullah,
Tanvir Ahmad,
Arif Chaudhry,
Ch. Talib Hussain
|
| Petitioners |
Mst. MUSSARRAT BIBI
|
| Respondents |
others,
TAJ DIN
|
| Citations |
2005 SLD 1214,
2005 SCMR 772
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
115,
9,
O.XIV, R.1
|