| Case ID |
2bf189df-69b2-4874-8da3-26847c77a213 |
| Body |
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| Case Number |
Civil Appeal No.19/K of 1985 |
| Decision Date |
Jun 16, 1991 |
| Hearing Date |
Jun 11, 1991 |
| Decision |
The appeal was dismissed as the court found that the High Court's decision to set aside the consent decree was justified. The court emphasized that the defendant who was not part of the compromise and was in possession of the property should have been notified regarding the proceedings. The court held that the rights of all parties must be protected and that due process had not been followed in the initial ruling. The plaintiffs had claimed full ownership of the property, which was disputed by the defendant, thus necessitating notice to be served. The court concluded that the appeal lacked merit, and the parties were left to bear their own costs. |
| Summary |
This case revolves around a civil appeal concerning a property dispute where the plaintiffs, Noor Sons, sought possession of a plot from Abdul Quddus Bihari. The Supreme Court assessed whether a decree based on a compromise could be set aside due to lack of notice to a defendant in possession. The court ruled that the absence of notification to the defendant violated due process, thus justifying the High Court's decision to annul the consent decree. This case highlights the importance of procedural fairness in civil proceedings and the necessity of notifying all parties involved, especially those in possession of disputed property. Keywords: property law, consent decree, procedural fairness, civil procedure code, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY, J.,
AJMAL MIAN, J.,
SALEEM AKHTAR, J.
|
| Lawyers |
Not available
|
| Petitioners |
ASHFAQ ZAI,
M. ABDUL QUDDUS BIHARI
|
| Respondents |
Abdul Quddus Bihari,
Noor Sons
|
| Citations |
1992 SLD 625,
1992 SCMR 1109
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Order XXII, Rule 3,
Order XXIII, Rule 3,
Article 185(3)
|