| Case ID |
df6235fc-3e9f-49bf-9629-9c007fb220b3 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 61 of 1993 |
| Decision Date |
Jun 08, 1994 |
| Hearing Date |
Jun 06, 1994 |
| Decision |
The appeal was dismissed on the grounds that the High Court had correctly maintained the order of restoration of the suit based on a proper appreciation of evidence and applicable law. The Court reaffirmed the inherent powers of the Court under Section 151 of the Civil Procedure Code to ensure justice is served, even in cases where procedural issues arise. The judges found that the lower courts had appropriately handled the case, and no legal errors were identified that warranted Supreme Court intervention. The decision emphasized the importance of the Court's inherent jurisdiction to prevent abuse of process and to ensure that justice prevails, particularly in cases where the merits of the case have been supported by the evidence presented. |
| Summary |
In the case involving Muhammad Sharif against Muhammad Taj and others, the Supreme Court of Azad Jammu and Kashmir addressed critical issues regarding the inherent powers of the Court under Section 151 of the Civil Procedure Code. The case stemmed from a pre-emption suit filed by the respondent-plaintiff, Muhammad Taj, which had been dismissed for want of prosecution. Upon appeal, the Court found that the plaintiff was present when the case was called, and the dismissal was therefore unwarranted. The High Court upheld the restoration of the suit, and the Supreme Court confirmed this decision. The case illustrates the importance of proper judicial procedure and the Court's commitment to ensuring justice is served, even when procedural technicalities arise. The ruling reinforces the principle that quoting the wrong provision does not preclude a party from seeking a resolution based on the law. This case highlights the significance of judicial discretion and the necessity for courts to exercise their inherent powers judiciously to prevent injustice. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
CHAUDHRY MUHAMMAD TAJ, J
|
| Lawyers |
Muhammad Ayub Sabir,
Aurangzeb Khan
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
2 others,
MUHAMMAD TAJ
|
| Citations |
1994 SLD 1049 = 1994 CLC 2034
|
| Other Citations |
Syed Nazir Hussain Shah v. Allah Ditta 1973 SCMR 103,
The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Interim Constitution Act (VII of 1974)
|
| Sections |
151,
42
|