| Case ID |
2e14741e-7953-491b-8197-afd4402e3350 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.525-L of 199 |
| Decision Date |
Aug 02, 1995 |
| Hearing Date |
Aug 02, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's judgment. The court held that the trial court had dismissed the suit due to the plaintiff's failure to prove fraud or misrepresentation. However, the Appellate Court partly accepted the appeal based on admissions made by some of the defendants in their written statement. The High Court affirmed this decision, stating that due to the admissions, the appeal had to be accepted. The court also noted that issues of fraud and misrepresentation are factual matters, and the previous courts had adequately addressed these points. The petitioners, having conceded in their written statements, were not permitted to retract their admissions. Overall, the Supreme Court found no reason to grant leave to appeal, thus dismissing the petition. |
| Summary |
In the case of KALLU and 8 others vs. MAKHAY KHAN and 3 others, the Supreme Court of Pakistan addressed critical issues surrounding the validity of a registered Tamleeknama and Gift Deed, focusing on allegations of fraud and misrepresentation. The plaintiff, Lakhoo, sought to cancel these documents, asserting he was deceived by his sons into signing them due to his old age and health condition. The trial court dismissed the suit, but the Appellate Court partially granted relief based on the defendants' admissions. The Supreme Court upheld the Appellate Court's decision, emphasizing the importance of admissions in legal proceedings and reiterating that questions of fact like fraud must be thoroughly examined. The decision clarifies the powers of the High Court under Order 41, Rule 33 of the Civil Procedure Code, allowing it to pass orders that benefit parties not actively appealing. This case reinforces the legal principles regarding admissions in written statements and the handling of fraud allegations in court, making it a significant reference in civil law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Malik Talab Hussain, Advocate,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
Nawab,
Muhammad Ali,
Fazal Muhammad,
KALLU,
Allah Bakhsh,
Fateh Muhammad,
Sadiq Ali,
Niamat Ali
|
| Respondents |
MAKHAY KHAN,
Asghar Hussain,
Mst. Dani Bibi,
Mst. Makhan Bibi
|
| Citations |
1997 SLD 690,
1997 SCMR 956
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
39,
O.XLI, R.33,
Art. 185(3)
|