| Case ID |
21817eed-a6f6-4010-b7fa-0d71fef6b156 |
| Body |
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| Case Number |
Civil Appeal No.1286 of 2003 |
| Decision Date |
Jun 12, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan set aside the impugned judgment of the Peshawar High Court regarding Civil Revision No.14 of 1996 and remanded the case for re-evaluation. The Court noted that the High Court had failed to adequately address the petitioner's application for withdrawal based on a compromise, which was essential for a complete adjudication of the case. The Court directed the High Court to decide the pending miscellaneous application and the relevant civil revision afresh, ensuring that all parties were given a fair opportunity to present their arguments. |
| Summary |
In the case concerning Mst. IMTIAZ BEGUM against Mst. SULTAN JAN and others, the Supreme Court of Pakistan addressed procedural issues surrounding the Civil Procedure Code. The case revolved around a dispute over property ownership and the validity of an agreement to sell. The Supreme Court emphasized the need for thorough examination of the facts and a proper ruling on the pending application for withdrawal of the revision. This case highlights important aspects of civil procedure and the rights of parties in legal disputes, ensuring that all legal avenues are explored before a final decision is made. It serves as a crucial reference for practitioners in property law and civil litigation, especially in the context of compromise agreements and procedural fairness. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI,
SHEIKH HAKIM ALI,
MUHAMMAD FARRUKH MAHMUD
|
| Lawyers |
Gul Zarin Kiani,
Fida Muhammad Khan
|
| Petitioners |
Mst. IMTIAZ BEGUM
|
| Respondents |
Qamar Zaman,
Mst. SULTAN JAN
|
| Citations |
2008 SLD 1806,
2008 SCMR 1259
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|