| Case ID |
3815792e-9b8c-4a36-80ac-48c2896f26e0 |
| Body |
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| Case Number |
Civil Petition No. 304(L) of 1993 |
| Decision Date |
Jun 13, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioners' plea for leave to appeal against the judgment of the High Court. The Court held that the trial court's dismissal of the suit was improper as it did not afford the plaintiffs an opportunity to present evidence. The decision emphasized that issues of law should be resolved collectively rather than piecemeal. The order of remand from the Additional District Judge was deemed legal and proper, directing the trial court to address all preliminary issues jointly. The petitioners were found to have failed to prove their case adequately, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the procedural intricacies of civil litigation in Pakistan, specifically addressing the standards of evidence and the rights of plaintiffs in civil suits. The Supreme Court of Pakistan emphasized the importance of allowing parties to present their evidence before dismissing a suit. It highlighted the need for a holistic approach to resolving legal issues, particularly in cases where multiple preliminary issues are present. This ruling serves as a precedent for ensuring that plaintiffs are not unjustly denied their day in court, reinforcing the principles of fairness and justice within the civil procedure framework. The decision adheres to the broader legal doctrines encapsulated in the Civil Procedure Code and the Constitution of Pakistan, underscoring the judiciary's commitment to upholding due process. Legal professionals must navigate these provisions carefully to protect their clients' rights effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
FAZAL ILAHI KHAN
|
| Lawyers |
Ch. Khurshid Ahmed,
Tanvir Ahmad,
Sh. Masood Akhtar
|
| Petitioners |
others,
FAZAL MUHAMMAD
|
| Respondents |
2 others,
ATA MUHAMMAD alias ATTAR SINGH
|
| Citations |
1995 SLD 219,
1995 SCMR 994
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
2,
185(3)
|