| Case ID |
3914b97a-83ec-4f4e-9120-668444d5300b |
| Body |
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| Case Number |
Civil Petition No.3053 of 2001 |
| Decision Date |
Jun 03, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decisions made by the lower courts. The petitioners sought the appointment of a Local Commission to ascertain facts but failed to provide sufficient evidence to support their claims. Both the Appellate Court and the High Court determined that evidence already available was adequate for decision-making. Thus, the petitioners were not entitled to the appointment of a Local Commission merely for their convenience, leading to the dismissal of their petition. |
| Summary |
In the case of Civil Petition No.3053 of 2001, the Supreme Court of Pakistan addressed the issue of whether a Local Commission should be appointed to ascertain the factual position regarding the entitlement to Zar-e-Malkana of cut-trees in a jungle land dispute. The petitioners contended that previous courts had not adequately addressed their grievances and sought the Local Commission's assistance. However, the courts found that ample evidence was present on record to make a decision without the need for additional inspections. The Court ultimately upheld the findings of the lower courts, emphasizing the necessity of presenting cogent evidence to substantiate claims in civil disputes. This case highlights the importance of evidence in legal proceedings and the limitations of seeking procedural conveniences without a solid evidential basis. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Nazir Ahmed Lughmani, Advocate Supreme Court,
Mahmood Ahmed Advocate Supreme Court,
Muhammad Akram, Advocate-on-Record
|
| Petitioners |
10 others,
JALAL KHAN
|
| Respondents |
24 others,
KHANDOO MALIK
|
| Citations |
2003 SLD 628,
2003 SCMR 1351
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XXVI, R.9,
Art. 185(3)
|