| Case ID |
3d69f16b-6bc7-4bb4-9d58-ee553548ddcb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 507 |
| Decision Date |
Sep 26, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court found that the petitioners, who were in physical possession of the shops in dispute, had a legitimate claim and were necessary parties to the proceedings. The Lahore High Court had erroneously dismissed their application for impleading them in the writ petition, which led to an unfair allotment of the shops to the respondents without considering the petitioners' entitlement. The Court granted leave to appeal, indicating that the case was arguable and warranted further examination. |
| Summary |
This case involves a dispute over the allotment of evacuee property shops, where the petitioners claimed their right to the properties they were physically occupying. The Lahore High Court's previous order had dismissed their application to be included as parties in the case, which the Supreme Court found to be an oversight. The decision highlights the importance of considering all parties with a legitimate interest in property disputes, ensuring that due process is followed in legal proceedings. This ruling reinforces key legal principles in property law and civil procedure, emphasizing the necessity for courts to provide fair hearings to all parties involved. The case reflects ongoing issues in property management and rights, resonating with broader societal themes of justice and access to legal remedies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saad Saood,
S. Usman Ali Shah
|
| Lawyers |
Rao Abdur Rashid
|
| Petitioners |
Muhammad Siddiquie and others
|
| Respondents |
Rao Manzoor Ahmad and others
|
| Citations |
1991 SLD 1259,
1991 SCMR 1534
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.I, R.10,
Art. 185(3)
|