| Case ID |
dffe124e-1a2f-4a00-915e-ef88f0e2bdc8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1000-L of 09 |
| Decision Date |
Apr 08, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's judgment dated June 30, 1997, which had upheld the trial court's decision to reject Mst. Ume Kalsoom's application under Section 12(2) of the Civil Procedure Code. The Court found no evidence of fraud or misrepresentation in the original decree regarding the partition of properties owned by the late Bashir Ahmad Khan. The trial court had determined that sufficient grounds did not exist to set aside the preliminary decree, which had been issued after Mst. Ume Kalsoom had acknowledged the legal heirs of Bashir Ahmad Khan in previous proceedings. The Court held that the application under Section 12(2) was misconceived and lacked merit, leading to its dismissal. |
| Summary |
This case revolves around a civil dispute regarding the partition of properties belonging to the deceased Bashir Ahmad Khan. Mst. Ume Kalsoom, the widow of the deceased, challenged a preliminary decree passed by the trial court, alleging fraudulent representation by the other legal heirs. The Supreme Court of Pakistan analyzed the circumstances and determined that the trial court had correctly dismissed Ume Kalsoom's application, finding no evidence of fraud or misrepresentation. The judgment underscored the importance of established legal processes in handling civil disputes, particularly in matters of inheritance and property rights. The decision emphasizes the necessity for clear and convincing evidence in claims of fraud within legal proceedings, particularly under the Civil Procedure Code. The outcome reflects a commitment to uphold the integrity of judicial decrees unless substantial grounds for revision are presented, reinforcing the authority of trial courts in determining the validity of evidence and claims presented during litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN KHAN,
SH. IJAZ NISAR
|
| Lawyers |
Ch. Khurshid Ahmed, Advocate Supreme Court,
Tanvir Ahmed Advocate-on-Record,
Mian Hamid Farooq, Advocate Supreme Court,
Mahmoodul Islam, Advocate-on-Record,
Mian Nisar Ahmed, Advocate Supreme Court
|
| Petitioners |
Mst. UME KALSOOM
|
| Respondents |
ZAHID BASHIR through Legal Heirs and another
|
| Citations |
1999 SLD 393,
1999 SCMR 1696
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12(2),
Art. 185(3)
|