| Case ID |
735a8402-0925-4194-898e-6335da33789c |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.l of 1977 |
| Decision Date |
Jun 06, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to assess whether the Lahore High Court was correct in its view that the appeal had abated entirely due to the death of one of the petitioners, Muhammad Din. The Court indicated that the lower court's conclusion about the indivisibility of the interests of the petitioners, which could potentially lead to inconsistent decrees, required further consideration. The decision emphasized that the appeal should not have been dismissed as having abated in toto, and instead should have been decided on its merits. The petition was granted leave, allowing for further proceedings. |
| Summary |
This case revolves around a civil petition concerning property rights and the validity of a gift and will executed by Nabi Bakhsh. The petitioners, FAZAL DIN and Muhammad Din, claimed ownership of a property based on an alleged gift made by their uncle, Nabi Bakhsh. The case progressed through various legal challenges after the death of Muhammad Din in 1967, leading to the Lahore High Court declaring the appeal abated due to the lack of legal representation for the deceased petitioner. The Supreme Court of Pakistan intervened to consider the legal implications of the abatement and the merits of the case. The crux of the matter lies in whether the interests of the petitioners were indeed indivisible and how the law regarding abatement applies in this context. The decision highlights the importance of procedural correctness in civil appeals and the need for a thorough examination of the facts and legal principles involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
M.S.H. QURAISHI
|
| Lawyers |
Kh. Mushtaq Ahmad
|
| Petitioners |
FAZAL DIN,
Muhammad Din
|
| Respondents |
GHULAM QADIR
|
| Citations |
1985 SLD 205,
1985 SCMR 104
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.185(3)
|