| Case ID |
2eb3aaca-bcd0-426a-98fb-cd940d3a2c1f |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos. 402-K and 403-K of 2006 |
| Decision Date |
Nov 22, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the petitioners against the judgment of the High Court of Sindh, which had passed a preliminary decree for the redemption of mortgage in favor of the respondent. The court upheld that the question of territorial jurisdiction and whether the suit could be maintained against the petitioners could not be decided without recording evidence. The court found that the petitioners had not demonstrated any legal defect in the High Court's judgment and stated that the issue of jurisdiction should be raised in the ongoing regular suit. The decision emphasized the importance of recording evidence for effective resolution of mixed questions of law and fact. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed critical issues regarding the jurisdiction of courts and the complexities of mortgage redemption. The case arose from a suit filed by Asrar Hassan, an employee of the liquidated Bank of Credit and Commerce International (BCCI), seeking various reliefs including redemption of mortgage and financial adjustments. The petitioners contested the suit's maintainability, arguing that the High Court lacked jurisdiction. However, the Supreme Court found that such jurisdictional questions are mixed questions of law and fact that necessitate evidence. The ruling underscores the necessity for judicial processes to adhere to procedural norms, particularly in complex financial disputes involving liquidated entities. The decision reinforces the principle that jurisdictional issues must be sufficiently substantiated and resolved through appropriate legal channels. This case serves as a precedent for future litigation involving jurisdictional challenges in financial matters, emphasizing the need for clarity and evidence in court proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Habib Credit and Exchange Bank Limited,
Bank of Credit and Commerce International
|
| Judges |
RANA BHAGWANDAS,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
S.A. Sarwana, Advocate Supreme Court,
Ahmed Hassan Advocate Supreme Court,
Abrar Hassan, Advocate Supreme Court,
A.A. Siddiqui Advocate-on-Record,
M.A. Wahab, Advocate-on-Record
|
| Petitioners |
BANK OF CREDITS AND COMMERCE
|
| Respondents |
ASRAR HASSAN
|
| Citations |
2007 SLD 607 = 2007 SCMR 852
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XIV,R.2,
S. 20 & O.XIV, R.2
|