| Case ID |
2cfca8ca-bcc9-4d88-badf-70c5c2b2f651 |
| Body |
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| Case Number |
Civil Appeal No. 856 of 1984 |
| Decision Date |
Jan 20, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled in favor of the vendee, stating that the decree-holder (the plaintiff) failed to meet the conditions of the decree by not depositing the full amount required by the deadline. The court emphasized that the award of costs was contingent upon the success of the suit, which was dependent on the plaintiff fulfilling the decree's conditions. Since the plaintiff deposited less than required, they could not claim costs. The High Court's decision that had favored the plaintiff was set aside, and the trial court's dismissal of the suit was restored, emphasizing the necessity of compliance with court orders in pre-emption suits. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the complexities surrounding pre-emption suits under the Punjab Pre-emption Act, specifically focusing on the implications of non-compliance with court orders regarding financial deposits. The case involved a decree-holder who was required to deposit a total of Rs. 12,000 but only managed to deposit Rs. 9,500 by the specified deadline. The court ruled that the failure to meet this condition meant the plaintiff could not claim costs following the event of the litigation. This ruling reinforces the principle that costs in legal proceedings are closely tied to compliance with court mandates. The case highlights the importance of adhering to procedural requirements in legal actions and the potential consequences of failing to do so. Keywords such as 'pre-emption suits', 'Punjab Pre-emption Act', 'court costs', and 'legal compliance' are relevant for analysis and understanding of this landmark decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Not available
|
| Petitioners |
Mst. SAHIB KHATOON
|
| Respondents |
ALLAH DITTA and 10 others
|
| Citations |
1994 SLD 993,
1994 SCMR 2002
|
| Other Citations |
Nalraju Lakshimi Venkayaman Rao Gabu v. Meka Venkataramiah Appa Rao Bahadur Garu and others Vo. 47, 1918 IC 862,
Muhammad Afzal and 8 others v. Haji Fazal-ul-Haq and other PLD 1971 SC 162
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
25
|