| Case ID |
3927fd65-b551-418c-8e71-324328ee0b32 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 1207 of 2004 |
| Decision Date |
Jan 06, 2016 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals of the appellants, confirming the decisions of the lower courts. The court ruled that the filing of the plaints before the Tehsildar in the absence of a Civil Judge was valid and consistent with the practice at the time. The court emphasized that procedural technicalities should not prejudice substantive rights. The appellants' arguments based on technicalities were found to lack legal merit, and the court upheld the rights of the pre-emptors under the Punjab Pre-emption Act. The decision reinforced the principle that litigants should not be penalized for the court's failure to comply with mandatory provisions of law, embodying the maxim 'Actus Curiae Neminem Gravabit' (an act of court shall prejudice no man). |
| Summary |
In this landmark case decided by the Supreme Court of Pakistan, the court addressed the complexities surrounding the filing of pre-emption suits under the Punjab Pre-emption Act, 1913. The key issue revolved around whether the suits filed before the Tehsildar in the absence of a Civil Judge were valid. The court upheld that such filings were permissible, emphasizing that procedural practices should not undermine the substantive rights of litigants. The court's decision resonates with the principles of justice, reinforcing that technicalities should not defeat the ends of justice. This case highlights the importance of facilitating access to justice and ensuring that litigants are not unduly penalized for procedural missteps. The ruling has significant implications for future cases involving pre-emption and reinforces the judiciary's role in safeguarding the rights of individuals within the legal framework. The decision is a critical reference point for understanding the application of the Punjab Pre-emption Act and the procedural norms within the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Gulzar Ahmed,
Dost Muhammad Khan
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
Ishfaq Qayyum Cheema,
Muhammad Siddique Khan Baloch,
Taki Ahmed Khan
|
| Petitioners |
Another,
Muhammad Ijaz
|
| Respondents |
Muhammad Shafi through L.Rs.
|
| Citations |
2016 SLD 511,
2016 SCMR 834
|
| Other Citations |
Rashad Ehsan and others v. Bashir Ahmad PLD 1989 SC 146,
Muhammad Yar v. Muhammad 2003 SCMR 1772,
Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382,
PLD 1972 SC 69
|
| Laws Involved |
Punjab Pre-emption Act, 1913,
Punjab Land Revenue Act, 1887,
High Court (Lahore) Rules and Orders
|
| Sections |
21,
30,
77,
Vol.1, Chap.1, PartB, R.7(c)
|