| Case ID |
451bbf5f-ac5f-4fc5-bb6c-572e47603533 |
| Body |
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| Case Number |
C.P.L.A. No.3895 L. of 2002 |
| Decision Date |
May 07, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition against the Lahore High Court's order, emphasizing that the relief under section 115 of the Civil Procedure Code is discretionary in nature. The court found that the petitioners had abused the status quo order they had secured from the High Court, which entitled them to no assistance from the courts. The misconduct of the petitioners led to the dismissal of their revision petition. The court ruled that a party that misbehaves in relation to court proceedings forfeits its right to equitable relief. The appeal to the Supreme Court was thus refused, affirming the High Court's decision. |
| Summary |
In the case of C.P.L.A. No.3895 L. of 2002, the Supreme Court of Pakistan addressed issues of civil procedure and discretionary relief under section 115 of the Civil Procedure Code. The case arose from a prior suit filed by Muhammad Ilyas against the petitioners, seeking an injunction against the operation of power looms. The Lahore High Court had granted a status quo order which was subsequently violated by the petitioners. The Supreme Court highlighted the principle that a party who abuses court orders cannot seek equitable relief. The decision underscores the importance of adhering to court orders and the consequences of misconduct in legal proceedings. Key terms include 'discretionary relief', 'civil procedure', and 'judicial misconduct', which are essential for understanding the implications of the ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
Khalil Ur Rehman Ramday,
Karamat Nazir Bhandari
|
| Lawyers |
C.M. Latif Rawn,
Zahid Hussain Khan,
Ch. Mehdi Khan Mehtab,
Muhammad Afzal Sindhu,
M.A. Qureshi
|
| Petitioners |
ATTAULLAH alias BILLA
|
| Respondents |
MUHAMMAD ILYAS
|
| Citations |
2004 SLD 1041,
2004 SCMR 830
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
115,
185(3)
|