| Case ID |
2c4f4254-66bb-4b36-b813-e7e71017707e |
| Body |
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| Case Number |
C.P:S.L.A. No. 892 OF 1985 |
| Decision Date |
Apr 08, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan denied the petitions for leave to appeal filed by the pre-emptors. The court established that no decree had been passed in favor of any petitioners before the stipulated date of 31st July 1986. The court referenced its previous decision in Sardar Ali's case (PLD 1988 SC 287), which reinforced the ruling that without a prior decree, no decree could be issued favoring the pre-emptors. Additionally, the court noted procedural issues with the petitions, including delays and lack of prosecution in certain cases, leading to their dismissal. The court advised that if any evidence of a passed decree before the deadline emerged, a review petition could be filed. The decision emphasizes the importance of timely actions in legal proceedings. |
| Summary |
In the landmark case of Abdul Sattar and others vs. Mst. Zaitoon and others, the Supreme Court of Pakistan addressed critical issues surrounding the Punjab Pre-emption Act, 1913. The court examined multiple petitions for leave to appeal regarding pre-emption suits, asserting that no favorable decrees had been granted to the petitioners prior to the cut-off date of July 31, 1986. This ruling hinged on precedents set in previous cases, particularly Sardar Ali's case (PLD 1988 SC 287), which established that without an existing decree, the court could not issue a new decree favoring the petitioners. The court's decision also highlighted procedural lapses, such as delays in filing and lack of representation, which led to dismissals of certain petitions. This case underscores the necessity for vigilance and timeliness in legal procedures and the stringent requirements for pre-emption claims under the Punjab Pre-emption Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL SATTAR,
ABDUL KARIM,
NAFEESUDDIN,
ABDUL BASEER,
SITTARA and others
|
| Respondents |
MUHAMMAD LATIF,
MUHAMMAD SADIQ and others,
Qazi MUHAMMAD RAHMAT ALI,
Mst. ZAITOON and another,
ABDULLAH and others,
Mst. SABAN and others
|
| Citations |
1988 SLD 2691,
1988 SCMR 1579
|
| Other Citations |
P L D 1988 SC 287
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
4,
15
|