| Case ID |
2bc6aa09-db61-493f-8264-0b07276f469f |
| Body |
View case body. Login to View |
| Case Number |
224/P of 1983 |
| Decision Date |
Nov 22, 1983 |
| Hearing Date |
Nov 22, 1983 |
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, upholding the decision of the Additional District Judge which remanded the case for a fresh decision. The Court found no legal infirmity in the remand order and emphasized that the question of jurisdiction could not be resolved without first addressing the respondent's application for withdrawal of the suit. The Court noted that the real cause of action related to the promotion orders, and the issues at stake were to be reconsidered by the trial court, allowing for a comprehensive examination of the case. |
| Summary |
This case involves a civil petition for special leave to appeal concerning the promotion orders of Sub-Engineers in the N.W.F.P. Public Works Department. The main issue arose when Sherdil Khan, the first respondent, challenged the validity of a notification regarding his promotion. Instead of addressing the correct notification, he mistakenly contested a transfer order. The trial court dismissed his suit on preliminary grounds, citing a statutory bar under the Specific Relief Act. However, upon appeal, the Additional District Judge recognized that the primary issue was the first notification about promotion, which warranted a fresh examination. The Supreme Court ultimately dismissed the petition for special leave to appeal, affirming the lower court's decision and allowing for the reconsideration of the case, thus ensuring that all legal questions and issues would be thoroughly explored. This case highlights important aspects of civil procedure and the principles governing the withdrawal of suits, emphasizing the necessity for courts to address applications appropriately before making determinations on jurisdiction and merit. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Saeed Baig, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
MUHAMMAD ASLAM and others
|
| Respondents |
SHERDIL KHAN and others
|
| Citations |
1984 SLD 444,
1984 SCMR 247
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
96,
O. XXIII, r. 1(2),
56(d)
|