| Case ID |
232153a5-ffd6-452f-b385-807c678f92fa |
| Body |
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| Case Number |
Civil Petition No. 357 of 1980 |
| Decision Date |
Apr 08, 1987 |
| Hearing Date |
Feb 23, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for non-prosecution based on the failure of the petitioners' counsel to produce the required documents and maintain contact with the petitioners over a period of five weeks. Despite multiple adjournment requests aimed at presenting a copy of the plaint, the court did not grant any further delays, leading to the dismissal of the petition. The court emphasized the importance of adhering to procedural timelines and ensuring effective communication between legal representatives and the court to uphold the integrity of the judicial process. |
| Summary |
In the pivotal case of Civil Petition No. 357 of 1980, adjudicated by the Supreme Court of Pakistan on April 8, 1987, the court addressed critical issues surrounding procedural compliance and the enforcement of constitutional rights. The petitioners, Abdul Majid and another, challenged the lower courts' decision negating their preferential right to pre-emption under Article 185(3) of the Constitution of Pakistan (1973). Throughout the legal proceedings, the petitioners' advocates, Bashir Zafar and Rana Maqbool Ahmad Qadri, sought multiple adjournments to present essential documentation, specifically the plaint. These repeated requests for delays eventually led to scrutiny by the Supreme Court regarding the counsel's inability to produce the necessary documents and maintain contact with the petitioners over an extended period of five weeks. The Supreme Court, emphasizing the necessity for procedural diligence and effective legal representation, ultimately dismissed the petition on grounds of non-prosecution. This decision underscores the judiciary's commitment to upholding procedural integrity and ensuring that cases proceed efficiently without undue delays. Additionally, the case highlights the judiciary's role in interpreting and enforcing constitutional provisions related to property rights, offering valuable insights for legal practitioners and scholars on best practices in managing court hearings and adhering to legal timelines. The dismissal serves as a precedent for the importance of preparedness and responsiveness in legal proceedings, reinforcing the standards expected of legal advocates in Pakistan's judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
C.J. NASIM HASAN SHAH,
SAAD SAOOD,
JAN
|
| Lawyers |
Bashir Zafar, Advocate-on-Record,
Rana Maqbool Ahmad Qadri, Advocate-on-Record,
Nemo
|
| Petitioners |
another,
ABDUL MAJID
|
| Respondents |
SARDAR ALI
|
| Citations |
1987 SLD 427,
1987 SCMR 1145
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|