| Case ID |
39aff5c4-6a12-4a0b-8849-ec022f86ed2c |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 392 of 1980 |
| Decision Date |
Mar 04, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal on the grounds of non-compliance with the Civil Procedure Code's provisions regarding power-of-attorney, ultimately ruling that the appeal was not properly presented within the period of limitation. The petitioners, who were the defendants, sought leave to appeal against the Lahore High Court's earlier judgment, which had excused the irregularity of the power-of-attorney not being signed by the appellant. The court upheld the findings of fact from the first appeal, emphasizing that the defects in the power-of-attorney were not substantial enough to invalidate the appeal. Therefore, the leave to appeal was refused, reinforcing the importance of adhering to procedural requirements in legal representation and the filing of appeals. |
| Summary |
In the landmark case of Civil Petition No. 392 of 1980, the Supreme Court of Pakistan addressed critical issues surrounding procedural compliance in civil litigation. The case revolved around the non-compliance with Order III, Rule 4 of the Civil Procedure Code, which pertains to the proper execution and presentation of power-of-attorney documents in court. The petitioners, representing defendants in a prior case, sought leave to appeal against the Lahore High Court's decision, which had deemed the irregularities in the power-of-attorney as excusable. The Supreme Court scrutinized the circumstances under which the appeal was filed and the significance of proper legal representation, particularly following the death of the original counsel. The court concluded that the appeal was not presented within the required time frame due to the failure to provide a duly signed power-of-attorney. This decision underscores the necessity for legal practitioners to ensure compliance with procedural rules to maintain the integrity of the judicial process. The ruling has significant implications for future cases regarding the handling of power-of-attorney and appeal procedures, emphasizing the judiciary's commitment to uphold legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Shafiur Rahman
|
| Lawyers |
M.A. Rehman,
Mian Abdul Hamid
|
| Petitioners |
Liaqat Hayat and 5 others
|
| Respondents |
Muhammad Sarwar alias Feroz Ali and others
|
| Citations |
1985 SLD 781,
1985 SCMR 1386
|
| Other Citations |
Toor Gul v. Mst. Mumtaz Begum P L D 1972 S C 9,
Ismail and others v. Mst. Razia Begum 1981 S C M R 687,
Ghulam Qadir and others v. Abdul Sattar and others, PLD 1984 S C 12
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
O. III, r. 4
|