| Case ID |
e19b3df8-4453-4fdd-ac96-763ed90d9005 |
| Body |
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| Case Number |
Civil Petition No.285 of 2007 |
| Decision Date |
Apr 23, 2007 |
| Hearing Date |
Apr 20, 2007 |
| Decision |
The Supreme Court of Pakistan converted the petition for leave to appeal into an appeal, set aside the judgment passed by the High Court, and remanded the case to the High Court for rehearing and re-deciding in accordance with law. The delay of ten months in pronouncing the judgment by the High Court was deemed unreasonable and prejudicial to the appellants. The case involved the construction of a multi-storeyed commercial building which was declared unlawful and violative of relevant regulations. The court emphasized the application of the Civil Procedure Code to civil proceedings before the High Court, regardless of the jurisdiction exercised, and highlighted the significance of timely judgment pronouncement to ensure justice. |
| Summary |
In the case of Muhammad Ovais and another vs. Federation of Pakistan, the Supreme Court addressed the issue of delayed judgment by the High Court regarding the legality of a commercial building's construction. The petitioners argued that the ten-month delay caused them prejudice, as significant evidence was omitted in the judgment. The Supreme Court underscored that civil proceedings are governed by the Civil Procedure Code, emphasizing the importance of timely decisions to uphold civil rights. The judgment of the High Court was set aside, and the case was remanded for a fresh hearing, reinforcing the principle of timely justice in civil matters. This case highlights the critical intersection of constitutional rights and procedural law, relevant for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Development Authority,
Ministry of Works, Islamabad
|
| Judges |
Sardar Muhammad Raza Khan,
Ch. Ijaz Ahmed,
Hamid Ali Mirza
|
| Lawyers |
Abid S. Zuberi, Advocate Supreme Court,
M.S. Khatak, Advocate-on-Record,
Salim, S.O. Housing and Works,
Arshad Ali Ch., Advocate-on-Record/Advocate Supreme Court,
Shahid Jamil, Additional Controller (Legal),
Badar Alam, Advocate Supreme Court,
M. Ali Mazhar, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Syed Iqbal Haider, Advocate Supreme Court,
Ch. Muhammad Akram, Advocate-on-Record
|
| Petitioners |
another,
Muhammad Ovais
|
| Respondents |
others,
Federation of Pakistan through Ministry of Works and Housing Pakistan, Islamabad
|
| Citations |
2007 SLD 1451,
2007 SCMR 1587
|
| Other Citations |
Hussain Bakhsh's case PLD 1970 SC 1,
Pathana v. Mst. Khandal PLD 1952 BJ 38,
Syed Iftikhar-ud-Din Haider Gardezi v. Central Bank of India Limited 1996 SCMR 669,
Juma Khan v. Mst. Bibi Zenaba PLD 2002 SC 823
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XX, R. 1,
Art.199
|