| Case ID |
d81d1b0f-0771-4681-911c-100d37b1d0f2 |
| Body |
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| Case Number |
C.P. No. 2000-L of 2020 |
| Decision Date |
May 26, 2023 |
| Hearing Date |
May 25, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal against the Lahore High Court's order, which upheld the dismissal of his application for rejection of the plaint in a civil suit. The court found that the question of limitation could not be decided without evidence and emphasized that civil and criminal proceedings could proceed simultaneously. Furthermore, it clarified that findings from a criminal court do not preclude a civil court from adjudicating on the same facts, hence allowing the petitioner a chance for success based on the preponderance of evidence in civil proceedings. |
| Summary |
In the case of C.P. No. 2000-L of 2020, the Supreme Court of Pakistan addressed significant issues surrounding the jurisdiction of civil and criminal courts. The petitioner, Salman Ashraf, sought to appeal against the Lahore High Court's decision that dismissed his writ petition, which was based on the rejection of a plaint in a civil suit initiated against him. The case revolved around the application of the Civil Procedure Code and the National Accountability Ordinance. The Supreme Court ruled that civil and criminal proceedings can occur simultaneously, and the jurisdiction of civil courts is not implicitly barred by criminal court findings. This case highlights the legal principles governing civil rights and obligations, emphasizing the distinct nature of civil and criminal proceedings. The ruling reaffirms the importance of evidence in civil cases and the court's role in ensuring justice is served, allowing petitioners the opportunity to pursue claims based on the balance of probabilities. Key terms include 'jurisdiction', 'civil rights', 'criminal liability', and 'evidence standards'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED MANSOOR ALI SHAH,
SYED HASAN AZHAR RIZVI
|
| Lawyers |
Mr. Hafeez Saeed Akhtar, ASC for Petitioner,
Ch. Zulfiqar Ali, ASC,
Syed Rifaqat Hussain Shah, AOR for Respondent No. 3
|
| Petitioners |
SALMAN ASHRAF
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, LAHORE
|
| Citations |
2023 SLD 2497,
2023 PLJ 481
|
| Other Citations |
PLD 1985 SC 134,
1995 SCMR 500,
1980 PCrLJ 1172,
2004 MLD 491,
PLD 1990 SC 28,
1991 SCMR 2126
|
| Laws Involved |
Civil Procedure Code (V of 1908),
National Accountability Ordinance, 1999
|
| Sections |
9,
11,
13
|