| Case ID |
268fb75d-d066-49ef-b175-9d34b7b7c188 |
| Body |
View case body. Login to View |
| Case Number |
D-4357 of 2013 |
| Decision Date |
Mar 31, 2014 |
| Hearing Date |
|
| Decision |
The Constitutional Petition was dismissed in limine as it was found not maintainable. The courts below acted in accordance with the law and properly appreciated the facts of the case. The applicant failed to challenge the impugned orders or decree through the appropriate legal channels, and thus the application under section 12(2) of the Civil Procedure Code was deemed a substitute for an appeal, which it is not. The arguments presented by the petitioner regarding fraud were found to lack merit, as the judgment and decree had attained finality due to the failure to appeal. The petition was ultimately dismissed with no order as to costs. |
| Summary |
In the case of Noor Muhammad vs. Muhammad Iqbal and others, the Sindh High Court addressed the maintainability of a constitutional petition under Article 199 of the Constitution of Pakistan, in relation to a previously decreed civil suit. The court emphasized that the application filed under section 12(2) of the Civil Procedure Code is not a substitute for an appeal and cannot be used to challenge a final judgment that has not been appealed. The case highlights critical aspects of civil procedure, specifically regarding the requirements for challenging decrees and the implications of failing to utilize available legal remedies. The court reaffirmed its stance on the necessity of adhering to procedural norms, especially in cases alleging fraud, and reinforced the finality of judgments that go unchallenged by appeal, thereby adding an important precedent in civil litigation regarding the appropriate avenues for recourse. This decision is pivotal for practitioners and litigants in understanding the boundaries of constitutional petitions and the importance of timely appeals in the legal process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN,
ABDUL MAALIK GADDI
|
| Lawyers |
Muhammad Javed Tanoli
|
| Petitioners |
NOOR MUHAMMAD
|
| Respondents |
,
MUHAMMAD IQBAL
|
| Citations |
2014 SLD 1667,
2014 CLC 1459
|
| Other Citations |
United Bank Limited v. Messrs The Hinna Export Co. (Pvt.) Limited Office Karachi 1998 PSC 78,
Muhammad Ibrahim and another v. Group Captain Salehuddin and others 1987 SCMR 218
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Constitution of Pakistan
|
| Sections |
12(2),
42,
199
|