| Case ID |
2c47493c-9102-44f6-9fb3-a5654dc6e8ed |
| Body |
View case body. Login to View |
| Case Number |
Civil petition for Leave to Appeal No. 2350/L of 2 |
| Decision Date |
Jun 23, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the contentions raised by the petitioners regarding the procedural defect of joining a stranger in a suit for pre-emption. The court noted that the lower courts had dismissed the suit on the grounds that a stranger could not be included as a plaintiff to exercise the right of pre-emption. The petitioners argued that this was a curable defect under Order 1, Rule 10 of the Civil Procedure Code. The court's decision emphasizes the applicability of the principle of sinker to pre-emptors and the necessity of maintaining status quo regarding possession of the disputed property until the appeal's resolution. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, particularly focusing on the procedural aspects of including a stranger as a plaintiff in a pre-emption suit. The Supreme Court of Pakistan had to determine if the inclusion of a stranger in the lawsuit constituted a fatal defect or if it could be remedied under the Civil Procedure Code. The court's analysis delves into the principles of pre-emption, the rights of pre-emptors, and procedural rules, ultimately granting leave to appeal to address these significant legal questions. This decision is crucial for future cases concerning pre-emption rights, procedural defects, and the interpretation of related laws. Legal practitioners should pay close attention to this ruling as it may influence how pre-emption cases are managed in the courts. Keywords: pre-emption, procedural defect, Supreme Court of Pakistan, legal rights, Punjab Pre-emption Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tanvir Ahmed Khan,
Khalil-ur-Rehman Ramday,
Faqir Muhammad Khokhar
|
| Lawyers |
Mian Allah Nawaz, Advocate Supreme Court,
Mahmudul Islam, Advocate-on-Record
|
| Petitioners |
Ghulam Muhammad through Legal Heirs and others
|
| Respondents |
Allah Dad through Legal Heirs and others
|
| Citations |
2003 SLD 1044,
2003 SCMR 776
|
| Other Citations |
Mehr Allah Ditta and another v. Muhammad Ali and another PLD 1972 SC 59
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908),
Land Reforms Regulation, 1972
|
| Sections |
21,
185(3),
O.1,R.10,
25
|