| Case ID |
44e0efb5-1f3f-41ba-aa3d-194efb810a0e |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 279 |
| Decision Date |
Oct 26, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioners' appeal on the grounds of non-maintainability due to the failure to implead the necessary party, Muhammad Aslam Shah, who was the transferee of the property in dispute. The court held that the words 'and others' in the memorandum of appeal were effectively meaningless and did not constitute a proper identification of additional respondents. The court emphasized that it is the responsibility of the appellant to clearly identify all necessary parties in their appeal. The court found that the petitioners' father had deliberately omitted Muhammad Aslam Shah from the appeal, which was a critical error that could not be rectified after the limitation period had expired. Consequently, the appeal was rightly dismissed as it did not meet the legal requirements for maintainability. |
| Summary |
This case revolves around the procedural requirements for filing an appeal under the Civil Procedure Code, particularly the necessity of properly identifying all respondents in the appeal. The Supreme Court of Pakistan addressed the importance of including all necessary parties to ensure that justice is served and that all relevant parties have the opportunity to respond to the claims made. The ruling underscored the principle that an appeal cannot proceed against unnamed respondents, as it undermines the fairness of the judicial process. The court's decision serves as a critical reminder for legal practitioners to meticulously adhere to procedural rules to avoid dismissal of appeals on technical grounds. The case also highlights the significance of the Limitation Act in protecting the rights of parties by ensuring that claims are made within a specified timeframe, thereby promoting legal certainty and finality. The court's findings reiterate the importance of comprehensive legal representation and the critical role of advocates in safeguarding their clients' interests during the appellate process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DORAB PATEL,
NASIM HASSAN SHAH
|
| Lawyers |
Khalid Iqbal Kazi, Advocate,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
MEHRAJUDDIN (REPRESENTED BY HIS HEIR) AND OTHERS
|
| Respondents |
THE SETTLEMENT AUTHORITIES AND ANOTHER
|
| Citations |
1982 SLD 501,
1982 SCMR 859
|
| Other Citations |
P L D 1975 S C 578
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLII, r. 1
|