| Case ID |
36dc731d-b434-4364-a188-434459ff7bb3 |
| Body |
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| Case Number |
Civil Revision Application No. S-7 of 2004 |
| Decision Date |
Sep 24, 2007 |
| Hearing Date |
|
| Decision |
The court ruled that the revision petition was misconceived and dismissed it. The appeal stemming from a pre-emption suit was deemed to have abated upon the death of the pre-emptor. The court noted that critical elements such as the date, place, and witnesses related to the alleged 'Talbs' made by the pre-emptor were not sufficiently documented. These omissions were significant enough to reverse the trial court's findings. The decision referenced a prior ruling by the Hon'ble Supreme Court, illustrating the importance of following procedural requirements in pre-emption suits under Islamic law. |
| Summary |
This case revolves around a civil revision application concerning a pre-emption suit filed under Islamic law. The case highlights the procedural intricacies involved in pre-emption suits, particularly the necessity of providing specific details such as the date, place, and witnesses at the time of the alleged 'Talbs'. The ruling emphasizes the legal principle that an appeal abates upon the death of the pre-emptor, referencing the case of Malik Ghulam Nabi v. Member-III, Board of Revenue. The dismissal of the revision petition underscores the judicial expectation for meticulous adherence to procedural requirements in legal claims, particularly in matters involving pre-emption rights. This case serves as a critical reference point for future litigations related to pre-emption under Islamic law. The legal community should take note of the implications of this ruling, as it reinforces the need for comprehensive documentation in legal proceedings to avoid dismissal due to procedural deficiencies. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM
|
| Lawyers |
Illahi Bux M. Kehar,
Khadim Hussain M. Shaikh Nos.6 to 10
|
| Petitioners |
3 OTHERS,
HAJI KHAN
|
| Respondents |
9 OTHERS,
AHMAD YOUNIS
|
| Citations |
2010 SLD 1533,
2010 YLR 131
|
| Other Citations |
Malik Ghulam Nabi v. Member-III, Board of Revenue PLD 1990 SC 1043
|
| Laws Involved |
Islamic law
|
| Sections |
Not available
|