| Case ID |
2dd519ce-87aa-4df5-850b-ee6efacdf5c9 |
| Body |
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| Case Number |
Civil Petition No. 1901-L of 1999 |
| Decision Date |
Nov 29, 1999 |
| Hearing Date |
Nov 29, 1999 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the dismissal of the suit due to failure to produce evidence under Order XVII, Rule 3, Civil Procedure Code, affects the petitioners' ability to challenge the mutation in question. The court noted that the principles of res judicata would not apply since findings had not been recorded by the lower courts, and the concurrent findings of the two lower courts did not provide grounds for the High Court to reverse them under Section 115 of the Civil Procedure Code. The court emphasized that the legal dismissal of a suit for failure to produce evidence is treated as a judgment on merits, thereby barring subsequent suits on the same matter. |
| Summary |
This case revolves around a civil petition concerning the dismissal of a suit due to the failure of the petitioners to produce evidence. The Supreme Court of Pakistan addressed critical issues regarding res judicata and the implications of dismissals under the Civil Procedure Code. The court's decision emphasizes the importance of recording findings and the rights of parties in challenging mutations of inheritance. The case cites precedents that highlight how dismissals for failure to present evidence are treated as judgments on merits, thereby affecting the ability to file subsequent suits. This case is significant for legal practitioners dealing with civil litigation, particularly in the context of property disputes and inheritance claims, and serves as a precedent for future cases regarding the interpretation of procedural rules under the Civil Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF
|
| Lawyers |
Raja Muhammad Anwar, Senior Advocate Supreme Court,
Tanvir Ahmed, Advocate-on-Record for Petitioners,
Malik Muhammad Azam Rasool, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record for Respondents
|
| Petitioners |
2 others,
HAFIZA BEGUM
|
| Respondents |
another,
SHAH MUHAMMAD
|
| Citations |
2000 SLD 994,
2000 SCMR 1448,
2000 SLD 1407
|
| Other Citations |
PLD 1994 SC 291,
1996 SCMR 813,
1999 SCMR 2289
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Order XVII, Rule 3,
Section 115,
Article 185(3)
|