| Case ID |
391df752-064e-42e1-be4e-f50315ed2c98 |
| Body |
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| Case Number |
Civil Appeal No. 511 of 2010 |
| Decision Date |
Aug 10, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court held that any person seeking revision of a decision made by a subordinate court could do so through an application. Such an application must be accompanied by copies of the pleadings and other documents, and it must be filed within ninety days of the decision. The subordinate court is obligated to provide a copy of the decision within three days. If the copy is not supplied in time, the time taken will be excluded from the ninety days. The revisional court is not expected to call for the record of the subordinate court except in exceptional cases. The decision must be disposed of within six months, ensuring respect for the legal obligations outlined in the provisions of the law. |
| Summary |
This case revolves around the appeal filed by Mst. Banori against the dismissal of her pre-emption suit regarding a piece of land. The Supreme Court's ruling clarified the procedural obligations under Section 115 of the Civil Procedure Code, emphasizing the importance of timely access to court decisions and the responsibilities of subordinate courts. The ruling aims to eliminate delays in the judicial process, ensuring that parties can effectively seek revision of decisions without unnecessary hindrances. This case highlights the critical balance between procedural compliance and the substantive rights of litigants, reinforcing the judiciary's role in upholding justice. Key trends include revisions, procedural law, and judicial efficiency. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
GHULAM RABBANI,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Muhammad Younis Bhatti,
Shah Khawar,
M.S. Khattak
|
| Petitioners |
Mst. BANORI
|
| Respondents |
JILANI through Legal Heirs and others
|
| Citations |
2010 SLD 2695,
2010 PLD 1186
|
| Other Citations |
Punjab Road Transport Corporation v. Muhammad Iqbal Lodhi 2003 CLC 1539 Not approved (partially),
Province of Punjab v. Muhammad Farooq PLD 2010 SC 582 rel.
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
115,
12(2),
185(3)
|