| Case ID |
3997993f-f998-4e4d-8872-86af280de1a8 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 1-P |
| Decision Date |
Apr 20, 1973 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed. The court found that the petitioners had not applied in the trial court for the comparison of the deceased's thumb-impression on disputed documents nor examined expert evidence in the trial court. The petitioners had no right to call for such action in the proceedings before the first appellate court as no formal application was made. The complaint about lost opportunity was deemed too late. The concurrent findings of the first appellate court and the learned Single Judge provided no justification for reopening the case. |
| Summary |
This case revolves around a dispute regarding the specific performance of an agreement for the re-conveyance of land. The key parties involved are Mst. Babara and others as petitioners against Abdul Akbar and others as respondents. The case highlights the importance of procedural compliance in civil litigation, particularly concerning the presentation of evidence. The Supreme Court of Pakistan upheld the decision of the lower courts, emphasizing the petitioners' failure to seek the necessary expert evidence during the trial phase, which ultimately led to the dismissal of their petition. The case underscores the necessity for parties to adhere to procedural requirements and timely actions in order to safeguard their legal rights. The court's decision reinforces the principle that complaints regarding procedural lapses must be raised at the appropriate time and cannot be introduced belatedly. This case serves as a significant reference in civil procedure, particularly for issues related to evidence and the rights of parties in appellate proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Sh. Wazir Muhammad, Advocate Supreme Court,
Arnirzada Khan, Advocate-on-Record
|
| Petitioners |
others,
Mst. BABARA
|
| Respondents |
others,
ABDUL AKBAR
|
| Citations |
1973 SLD 124,
1973 SCMR 335
|
| Other Citations |
Khuda Bakhsh v. Imam Ali Shah (I L R 9 All. 339),
Arjun Ramchandra Shet Karpe v. Shankar Vishram Shenvi Ghuraye (I L R 22 Bom. 253)
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XGI, r. 27
|