| Case ID |
324192cd-bcfc-401b-b1d4-64890e58b140 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.436 of 1988 |
| Decision Date |
Dec 14, 1988 |
| Hearing Date |
Dec 14, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's order transferring a civil suit from Rawalpindi to Lahore. The court found that the transfer was a discretionary decision made judiciously by the High Court, considering the convenience of both parties. The petitioners did not demonstrate any legal defect in the High Court's ruling, which indicated that no significant legal question was involved in the matter. Consequently, the case was deemed not fit for further consideration, and leave to appeal was refused. |
| Summary |
This case revolves around a civil petition for leave to appeal concerning the transfer of a suit involving a claim for damages due to alleged defamation by surveyors related to an insurance claim. The Supreme Court of Pakistan ruled on the petitioners' request for leave to appeal against the Lahore High Court's decision, which had accepted the transfer of the suit. The petitioners, who were seeking recovery for losses from a fire, had filed a civil suit against the Premier Insurance Company and others. The court emphasized the discretionary nature of the transfer decision and found that the High Court's ruling was made judiciously without any legal errors presented by the petitioners. The case highlights important aspects of civil procedure and the discretion exercised by courts in managing cases efficiently, thereby underscoring the principles of judicial economy and convenience in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Attock Textile Mills Ltd.,
Sibbacc Industries,
Premier Insurance Company of Pakistan Ltd.
|
| Judges |
NASIM HASAN SHAH,
USMAN ALI SHAH
|
| Lawyers |
Raza Hussain Shamsi, Advocate Supreme Court,
Manzoor Ilahi, Advocate-on-Record,
Ch. Ghulam Mujtaba, Advocate Supreme Court
|
| Petitioners |
2 others,
USMAN A.GHAFOOR
|
| Respondents |
2 others,
Messrs ATTOCK TEXTILE MILLS LTD.
|
| Citations |
1989 SLD 773,
1989 SCMR 818,
1989 SLD 1329
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
24
|