| Case ID |
41bb1c39-0991-47ff-952c-8736d1de388b |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No. l l of 1996 |
| Decision Date |
May 11, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Regular Second Appeal is maintainable, emphasizing that the right to appeal exists as it did at the time the suit was instituted. The amendment to Section 102 of the Civil Procedure Code (C.P.C.) does not affect rights acquired when the suit was filed. The court confirmed that the jurisdictional value of the suit governs the appeal's maintainability, and since the suit was instituted before the amendment came into effect, the appeal remains valid and should proceed. |
| Summary |
The Lahore High Court addressed the maintainability of a Regular Second Appeal in the context of amendments made to Section 102 of the Civil Procedure Code. The case involved a dispute where the amendment was argued to affect the jurisdictional value and maintainability of the appeal. The court highlighted that rights accrued at the time of the suit's institution would continue to govern the appeal, regardless of subsequent legislative changes. This ruling underscores the importance of understanding procedural law and the implications of amendments on existing rights. The decision reaffirms the principle that an appeal is a continuation of the original suit, retaining the rights of the parties as they were at the time of filing. This case serves as a significant reference for future appeals concerning jurisdictional values and procedural amendments, making it a key point of study for legal practitioners and scholars alike, especially in the context of civil procedure in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MEHMOOD QURESHI, J
|
| Lawyers |
Kunwar Akhtar Ali,
Ch. Muhammad Hussain Jahania
|
| Petitioners |
ABDUL SUBHAN
|
| Respondents |
Haji ASHIQ MUHAMMAD through Legal Heirs
|
| Citations |
1998 SLD 1450,
1998 CLC 1557
|
| Other Citations |
Haji Muhammad Ibrahim and 3 others. v. Mst. Surrayia-un-Nisa and 9 others PLD 1992 SC 637,
Mst. Shohrat Bano v. Imail Dada Adam Soomar 1968 SCMR 574,
Bashir v. Wazir Ali 1987 SCMR 978,
Malik Gul Hasan & Co. and 5 others v. Allied Bank of Pakistan 1996 SCMR 237
|
| Laws Involved |
Civil Procedure Code (V of 1908),
West Pakistan Civil Courts Ordinance (II of 1962)
|
| Sections |
102,
18
|