| Case ID |
2dfaa20b-b862-450c-b3a9-86039356b6bf |
| Body |
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| Case Number |
C.A. No. 1086 of 2004 |
| Decision Date |
Apr 17, 2007 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the judgment of the learned Appellate Court dated 26.06.1994 was restored, resulting in the dismissal of the suit of the respondent-plaintiff. The Court emphasized the importance of adhering to the deposit timeline set by the trial Court, underscoring that failure to deposit the pre-emption money within the stipulated time led to an automatic dismissal of the suit. The ruling reinforced the principle that once a decree includes a self-operative default clause, it cannot be extended arbitrarily without legal basis. The Appellate Court's discretion was highlighted, but the Court found that the respondent-plaintiff's conduct during the prolonged litigation demonstrated a lack of bona fides, justifying the dismissal. |
| Summary |
This case revolves around the principles of pre-emption in civil law, specifically focusing on the procedural aspects of deposit requirements under the Civil Procedure Code, 1908. The Supreme Court of Pakistan addressed the critical question of whether an appellate court can extend the time for depositing pre-emption money once a decree has been issued with explicit conditions. The Court ruled that the default clause in the decree was self-operative, meaning that the failure to meet the deposit deadline automatically resulted in the dismissal of the suit. The case highlights the essential legal doctrine that obligations set forth in court decrees must be strictly followed to ensure judicial efficiency and uphold the rule of law. Key legal precedents were referenced to support the decision, emphasizing the necessity for parties to act diligently in compliance with court orders. This ruling strengthens the framework for pre-emption cases and serves as a guiding principle for future litigants regarding the importance of adhering to procedural timelines in civil proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS, ACJ,
TASSADUQ HUSSAIN,
JILLANI,
NASIR-UL-MULK, JJ
|
| Lawyers |
Ch. Muhammad Nawaz Sulehria, ASC for Appellants,
Sardar M. Ishaq Khan, Sr. ASC,
Ch. Khan Muhammad Bajwa, ASC for the Respondent
|
| Petitioners |
MUHAMMAD YOUSAF etc.
|
| Respondents |
SIAN AKHTAR
|
| Citations |
2007 SLD 3426,
2007 PLJ 924
|
| Other Citations |
1975 SCMR 1426,
Haji Nawab Khan v. Fazal-ur-Rahman (1976 SCMR 502),
1997 SCMR 420,
Muhammad Taj v. Subedar Muhammad Rasheed (1989 SCMR 505),
Bhai Khan v. Allah Bakhsh (1986 SCMR 849),
Nazir Ahmad v. Ghulama (1987 SCMR 1704),
Dost Muhammad v. Nazar Hussain Khan (1984 SCMR 325),
Muhammad Arshad v. Ch. Fazal Haq (1991 SCMR 2149),
Muhammad Nawaz v. Muhammad Sadiq (1995 SCMR 105),
Rehman ud Din v. Sahibzada Jehanzeb (2004 SCMR 418),
Riaz Hussain v. Nazar Muhammad (2005 SCMR 1664)
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
O. XX, R. 14
|