| Case ID |
2b56caf9-da21-437a-a43d-cbe5f6ecc816 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 108 |
| Decision Date |
Apr 25, 1982 |
| Hearing Date |
Apr 25, 1982 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine several significant issues related to the effect of a decree from a civil court that was not challenged in any higher forum. The court sought to determine whether the dismissal of a previous writ petition would act as res judicata in this case, as well as to analyze the provisions of the Punjab Land Disposition Act, 1951, in relation to the petitioner's claims. The court noted that there was no interim order favoring the petitioner, and the physical possession of the property in question was disputed. The decision emphasized the importance of legal procedures and the implications of court decrees that remain unchallenged. Ultimately, the appeal was to be prepared with the existing record, allowing for additional documents to be submitted if necessary. |
| Summary |
This case revolves around the legal scrutiny of a civil court decree favoring the petitioner, Haq Nawaz, which had not been challenged in higher courts. The Supreme Court of Pakistan was tasked with assessing the implications of this decree, particularly in terms of whether the dismissal of an earlier writ petition would prevent further claims (res judicata). Additionally, the court examined the provisions of the Punjab Land Dispositions Act, 1951, which pertained to land ownership and rights. The ruling highlighted the procedural obligations of parties involved in litigation, the necessity of challenging decrees to preserve legal rights, and the interpretations of statutory provisions concerning land disposition. Legal representatives for the petitioner and respondents included prominent advocates, emphasizing the case's significance in civil litigation and property law. The outcome of this case could potentially influence future cases involving similar legal principles and procedural issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH
|
| Lawyers |
Tanveer Ahmad,
M. A. Qureshi,
A. Aziz
|
| Petitioners |
HAQ NAWAZ
|
| Respondents |
others,
Lahore High Court,
MEMBER, BOARD OF REVENUE, CONSOLIDATION, PUNJAB
|
| Citations |
1984 SLD 347,
1984 SCMR 48
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Land Dispositions (Saving of Shamilat) Act, 1951,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
199,
11
|