| Case ID |
2bb3a687-5597-48b0-9e05-204ee98ef8a4 |
| Body |
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| Case Number |
C.P. No. 46-P of 2002 |
| Decision Date |
Jul 20, 2004 |
| Hearing Date |
Jul 20, 2004 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioners, Qazi Shamsur Rehman and another, reversing the decision of the Peshawar High Court, which had accepted the revision petition of Mst. Chaman Dasta. The case was remanded back for disposal under the provisions of the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation II of 1994. The court emphasized that procedural irregularities should not impede the administration of justice unless they have resulted in a serious miscarriage of justice. The court also highlighted that the jurisdiction of the trial court was not in question, and any procedural defects should have been raised by the concerned parties, failing which they should not have been addressed by the appellate court. |
| Summary |
In the landmark case of C.P. No. 46-P of 2002, the Supreme Court of Pakistan addressed significant issues surrounding procedural irregularities and the jurisdiction of trial courts. The case arose from a revision petition filed by Mst. Chaman Dasta, which was accepted by the Peshawar High Court, leading to the reversal of prior judgments by the lower courts and a remand for further proceedings. The petitioners, Qazi Shamsur Rehman and another, challenged this decision. The Supreme Court underscored the principle that procedural flaws should not obstruct the pursuit of justice unless they have led to a miscarriage of justice. The court affirmed that the trial court had the necessary jurisdiction to adjudicate the matter, and any procedural defects must be raised by the affected parties. This case is vital for understanding the dynamics of civil procedure and the importance of jurisdictional integrity in the legal framework of Pakistan. The ruling reinforces the notion that courts should focus on the merits of the case rather than allowing procedural technicalities to derail justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Mian Muhammad Ajmal,
Sardar Muhammad Raza Khan
|
| Lawyers |
Mr. M. Sardar Khan, Sr. ASC,
Mr. Tasleem Hussain, AOR,
Syed Safdar Hussain, AOR
|
| Petitioners |
Another,
Qazi Shamsur Rehman
|
| Respondents |
Others,
Mst. Chaman Dasta
|
| Citations |
2004 SLD 3271 = 2004 PLJ 885
|
| Other Citations |
PLD 1964 SC 97,
PLD 1964 SC 865
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation II of 1975,
Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Sharah) Regulation II of 1994
|
| Sections |
99,
3(2-c),
5,
7
|