| Case ID |
250d3076-c4ba-4ffb-8811-b431aa8dda05 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1013-L of 19 |
| Decision Date |
Mar 30, 2000 |
| Hearing Date |
Mar 30, 2000 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Lahore High Court. The court found that the respondents had valid claims for recovery of the amount due for services rendered and goods supplied, as the petitioners had not raised the issue of the respondents' firm's registration in their written statement. The principles of res judicata were not applicable as the matters in the earlier and subsequent suits were distinct. The court emphasized that parties are bound by their pleadings and cannot introduce new issues at a later stage. |
| Summary |
In the case at hand, the Supreme Court of Pakistan addressed a civil petition concerning the recovery of dues for services rendered by Malik Ibrahim and Sons. The petitioners, representing the Province of Punjab, challenged the validity of the suit on the grounds that the respondents' partnership was unregistered, which they argued rendered the suit incompetent under the Partnership Act. However, the court found that the petitioners had failed to raise this issue in their initial pleadings, thus estopping them from doing so at this later stage. The court reaffirmed the principles of res judicata and emphasized that the earlier consent order did not bar the subsequent suit as the matters at issue were distinct. The decision illustrates the importance of adhering to procedural rules in litigation and the binding nature of pleadings, ultimately upholding the rights of the respondents to recover the claimed amount. Keywords include 'Supreme Court of Pakistan', 'civil petition', 'recovery of dues', 'res judicata', 'partnership registration', 'legal proceedings', and 'litigation principles'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD ARIF,
RANA BHAGWAN DAS
|
| Lawyers |
M. Mohyuddin Qazi, Advocate Supreme Court,
Ch. Tanvir Ahmad, Advocate-on-Record,
Jehangir A. Jhoja, Advocate Supreme Court,
Ch. Mehdi Khan Meht, Advocate-on-Record
|
| Petitioners |
5 others,
PROVINCE OF PUNJAB through Chief Secretary
|
| Respondents |
another,
Malik IBRAHIM AND SONS
|
| Citations |
2000 SLD 917,
2000 SCMR 1172,
2000 SLD 1329
|
| Other Citations |
Iftikhar Hussain Khan of Mamdot v. Ghulam Nabi Corporation Ltd. Lahore PLD 1971 SC 550,
Province of Sindh v. Royal Contractors 1996 CLC 1205,
Abdul Majid v. Abdul Ghafoor Khan PLD 1982 SC 146,
Asif Jab Siddiqi v. Government of Sindh PLD 1983 SC 46
|
| Laws Involved |
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877),
Partnership Act (IX of 1932),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185,
Art. 199,
S. 42,
S. 69,
O.XIV, R.1 (5),
O.XVIII, R.2,
S. 11
|