| Case ID |
d6e9b5a5-bff3-4f2d-b6ce-44588c86e7cf |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 232 |
| Decision Date |
May 29, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition as misconceived, emphasizing that constitutional petitions should not be used to challenge final decisions of lower courts on frivolous grounds. The court noted that the Additional District Judge had the appropriate jurisdiction and that the petitioner failed to demonstrate any illegality or irregularity in the previous ruling. The practice of reappraising evidence through constitutional petitions was criticized, and the court's dismissal was upheld as justified. |
| Summary |
In the case of Hamayat Khan and Others vs. Ahmed Din and Others, the Supreme Court of Pakistan addressed the misuse of constitutional petitions to challenge decisions of lower courts. The petitioners, having previously lost a case regarding the sale of land, sought to dismiss a ruling that allowed the legal representatives of the deceased Rehmat Ali to be included in the suit. The court highlighted that the Additional District Judge's ruling was final and valid, thereby dismissing the petitioners' appeal. The decision underscores the importance of adhering to legal procedures and discourages frivolous challenges to judicial decisions, emphasizing the need for judicial efficiency and integrity. This case serves as a significant reference regarding the limitations of constitutional petitions in Pakistan's legal framework, focusing on the need for substantial grounds for appeal and the respect for lower court decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
M. S. H. QURESHI
|
| Lawyers |
Ch. Muhammad Yaqub Sidhoo, Advocate Supreme Court,
Iqbal Ahmad Qureshi, Advocate on-Record
|
| Petitioners |
HAMAYAT KHAN,
Sardar Ahmad
|
| Respondents |
AHMED DIN,
Rehmat Ali
|
| Citations |
1983 SLD 154,
1983 SCMR 59
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|