| Case ID |
67ade4e0-8c1b-495b-8940-40082744dff9 |
| Body |
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| Case Number |
Civil Appeal No. 16 of 1995 |
| Decision Date |
May 16, 1995 |
| Hearing Date |
Apr 12, 1995 |
| Decision |
The Supreme Court remanded the case to the High Court, directing that the memo of appeal should be treated as a revision petition. The Court underscored the importance of adjudicating on merits rather than being bound by technicalities, emphasizing that the High Court should assess whether the injunction confirmed by the trial court and upheld by the District Judge should be vacated. This decision reflects a commitment to justice and fair play, allowing the merits of the case to be evaluated in accordance with established legal principles. |
| Summary |
In the case of Civil Appeal No. 16 of 1995, the Supreme Court of Azad Jammu and Kashmir addressed the procedural nuances between appeals and revisions under the Civil Procedure Code. The Court highlighted that appeals can be converted into revisions if filed within the limitation period and necessary formalities are met. The ruling emphasized the preference for substantive justice over technical dismissals, aiming to ensure that the merits of the case are thoroughly examined. The decision to remand the case to the High Court signifies a judicial commitment to uphold the principles of equity and fair play, thereby reinforcing the judiciary's role in facilitating justice. This case serves as a significant precedent for future litigations where procedural intricacies may hinder the pursuit of substantive justice. Key legal principles discussed include the broad powers of the High Court to convert appeals and revisions, the requirement for courts to lean towards adjudicating on merits, and the importance of ensuring that litigants are afforded the opportunity to have their cases heard based on their substantive rights rather than technical missteps. The ruling reiterates the judiciary's responsibility to apply the law fairly and justly, ensuring that justice prevails in the legal system. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Basharat Ahmad Shaikh,
Muhammad Younas Surakhvi
|
| Lawyers |
Raja Ibrar Hussain,
Ch. Muhammad Ibrahim Zia
|
| Petitioners |
5 others,
Mst. Aziza Begum
|
| Respondents |
4 others,
Muhammad Hussain Khan
|
| Citations |
1995 SLD 1179,
1995 CLC 1578
|
| Other Citations |
PLD 1965 SC 690,
1979 SCMR 32,
PLD 1984 SC 164,
1985 CLC 2817,
PLD 1976 Kar. 891,
PLD 1987 SC 139
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
96,
100,
115,
42
|