| Case ID |
d7d54a75-a3a7-4f06-8e4d-d286462bfb34 |
| Body |
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| Case Number |
K-160 of 1981 |
| Decision Date |
Apr 04, 1982 |
| Hearing Date |
Apr 04, 1982 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the High Court, which had confirmed the dismissal of the petitioners' suit for declaration and injunction. The Court found that the petitioners had not pressed the relevant issue of easement rights during the trial, and thus the findings of the trial court were upheld. The argument that the petitioners' counsel lacked instructions to abandon this issue was deemed frivolous. As no grounds for the exercise of revisional jurisdiction were raised, the revision application was found to be unmaintainable, leading to the dismissal of the petition. |
| Summary |
This case revolves around a civil petition for special leave to appeal concerning the dismissal of a suit filed by Mst. Zubeda Begum and others against the Government of Sind. The petitioners alleged trespass and encroachments on a road adjacent to their leased plots in Hyderabad. The key legal issues involved the easement rights of the petitioners, which were not pressed at trial. The Supreme Court ultimately ruled that since the petitioners had not raised any substantial ground regarding the exercise of jurisdiction, the revision application was dismissed. The decision emphasizes the importance of raising all relevant issues at the trial stage and the consequences of failing to do so. This case highlights critical aspects of civil procedure and the implications of jurisdictional limits in the context of property rights and easements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S.A. NUSRAT,
M.S.H. QURAISHI,
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN
|
| Petitioners |
others,
Mst. ZUBEDA BEGUM
|
| Respondents |
others,
GOVERNMENT OF SIND through Deputy Commissioner, Hyderabad
|
| Citations |
1988 SLD 2146,
1988 SCMR 400
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
115,
185(3)
|