| Case ID |
39af68ee-71b3-4ea5-a5bf-dd1c08c49745 |
| Body |
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| Case Number |
Regular Second Appeal No. 88 of 1996 |
| Decision Date |
May 05, 2003 |
| Hearing Date |
Apr 29, 2003 |
| Decision |
The Lahore High Court upheld the decisions of the lower courts, confirming that the appellant, Abdul Rashid, failed to prove the requisite Talbs necessary for his claim of pre-emption. The judgment highlighted that the High Court does not have jurisdiction to entertain a second appeal based solely on erroneous findings of fact unless a materially and legally fatal error exists. The court found that the appellant's arguments did not substantiate any material mistaken assumption by the lower courts, leading to the dismissal of the appeal. |
| Summary |
This case revolves around a regular second appeal concerning a suit for possession through pre-emption, where the Lahore High Court examined the findings of the lower courts regarding the appellant's failure to prove necessary Talbs. The court noted that the appellant claimed to have learned about the sale of the property after a considerable delay, but the lower courts found inconsistencies in his testimony and that of his witnesses. The High Court emphasized the importance of adhering to procedural requirements in pre-emption cases, ultimately affirming the lower courts' dismissal of the suit. This decision reinforces the principle that factual determinations made by lower courts should not be overturned unless there is a clear legal error. Key trending keywords include 'pre-emption', 'civil procedure', 'Lahore High Court', and 'Talbs'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. FAKHAR-UN-NISA KHOKHAR, J
|
| Lawyers |
Ijaz Feroze,
Irshad Ahmed Qureshi
|
| Petitioners |
ABDUL RASHID
|
| Respondents |
NAZIR AHMED and others
|
| Citations |
2003 SLD 2712,
2003 CLC 1489
|
| Other Citations |
Abdul Majid and others v. Khalil Ahmed PLD 1955 FC 38,
Haji Noor Muhammad v. Abdul Ghani and others 2000 SCMR 329
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
100
|