| Case ID |
2e8b18b3-546b-4166-8768-aaac4b97b188 |
| Body |
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| Case Number |
Civil Petition No. 1629 of 2002 |
| Decision Date |
Dec 03, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition under Article 185(3) of the Constitution seeking leave to appeal against the Lahore High Court's judgment. The Court upheld the concurrent findings of the lower courts, which decreed a suit for recovery of money in favor of the plaintiff, Mst. Robina Bibi. The Supreme Court noted that the defendant's claims regarding collective responsibility were not raised properly during earlier proceedings, and thus, the objection could not be entertained at this stage. The decision emphasized that any technical defects in the suit would not render the decree inexecutable. Therefore, the petition was found to have no substance, and leave to appeal was refused. |
| Summary |
This case revolves around the legal principles of collective responsibility and the execution of decrees in civil suits. The Supreme Court of Pakistan reviewed the lower courts' decisions, which had consistently ruled in favor of the plaintiff, Mst. Robina Bibi, in a suit for recovery of money. The Court highlighted the importance of timely objections in legal proceedings, asserting that the defendant's arguments regarding non-joinder of necessary parties were not appropriately raised. The judgment underscores the necessity for parties to present all relevant defenses at the proper stage, as failure to do so may preclude their ability to contest the validity of judgments later. The case serves as a significant reference for issues relating to the administration of justice, the execution of financial decrees, and the procedural requirements in civil litigation, making it relevant for legal practitioners and scholars alike. Keywords such as 'collective responsibility', 'civil suit', 'execution of decrees', and 'administration of justice' are pivotal for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
QAZI MUHAMMAD FAROOQ,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Zaheer Ahmed Qadri, Advocate Supreme Court,
M. A Zaidi Advocate-on-Record,
Sardar Asmatullah, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
another,
Master MAZHAR HUSSAIN
|
| Respondents |
another,
Mst. ROBINA BIBI
|
| Citations |
2004 SLD 1247,
2004 SCMR 1589
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|