| Case ID |
3b287670-a202-4ae0-9530-497b5aea267e |
| Body |
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| Case Number |
C.P. No.476 of 1975 |
| Decision Date |
Feb 10, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal against the Lahore High Court's order that dismissed the second appeal in limine. The court held that the findings of the lower courts on factual matters could not be interfered with in a second appeal. The petitioners failed to substantiate their claims that the evidence had been improperly appraised. The court emphasized the principle that even if the findings of the courts below were erroneous, they could not be disturbed in a second appeal. The petition was ultimately dismissed as having no merit. |
| Summary |
In the case C.P. No.476 of 1975, the Supreme Court of Pakistan addressed key issues surrounding the Civil Procedure Code and the Constitution. The petitioners sought to challenge a dismissal from the Lahore High Court regarding a second appeal related to the execution of a general power of attorney. The court underscored the importance of factual findings made by lower courts, stating that even if perceived as erroneous, such findings are protected from interference in second appeals. The ruling highlighted the procedural constraints on the Supreme Court to consider only issues raised in lower courts. This case reinforces the legal principle that procedural integrity and respect for lower court determinations are paramount in appellate review. Legal practitioners and scholars should note the implications of this decision on future appeals, particularly in cases involving factual disputes and the standards for evidence appraisal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
NASIM HASAN SHAH
|
| Lawyers |
Ch. Muhammad Sadiq
|
| Petitioners |
4 others,
Mst. KAPOORI
|
| Respondents |
6 others,
MAN KHAN
|
| Citations |
1992 SLD 819,
1992 SCMR 2298
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
100,
185(3)
|