| Case ID |
2c268b49-fc00-4ddb-8e7b-475486e7a5d2 |
| Body |
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| Case Number |
Civil Miscellaneous Petition No. 366-R of 1985 in |
| Decision Date |
Nov 30, 1985 |
| Hearing Date |
Nov 30, 1985 |
| Decision |
The Supreme Court of Pakistan, after hearing the learned counsel for the petitioners, decided to recall the order of dismissal and restore the petition to file. However, the petition was ultimately dismissed on the grounds that the controversy was no longer open for adjudication due to the concession made by the petitioners in the High Court. This decision underscores the importance of procedural adherence and the implications of concessions in legal disputes. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding Civil Miscellaneous Petition No. 366-R of 1985. The court addressed the procedural aspects of the petition, emphasizing the impact of concessions made by the petitioners in the High Court on the adjudication of the case. The ruling highlights key legal principles related to adjustments and withdrawals under the Civil Procedure Code and the Supreme Court Rules. Legal representatives M. Munir Paracha and Imtiaz Muhammad Khan presented the case for the petitioners, while Ghulam Dastgir represented the respondents. The decision is significant in understanding how procedural rules and concessions can affect the outcomes of legal petitions. As such, it serves as an essential reference for lawyers and advocates navigating similar legal scenarios. The case also illustrates the critical role of judicial review in ensuring that legal processes are followed and that parties are held accountable for their concessions during litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN, JJ
|
| Lawyers |
M. Munir Paracha, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record,
Ghulam Dastgir, Advocate-on-Record (absent)
|
| Petitioners |
MUHAMMAD SADIQ and others
|
| Respondents |
Malik TAJ MUHAMMAD and others
|
| Citations |
1986 SLD 501,
1986 SCMR 509
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980,
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
O.XKXIII, r.6,
O.XXIII, r.3
|