| Case ID |
e33c5a07-1ffd-4555-b33f-69458a20e5fa |
| Body |
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| Case Number |
Civil Petition No. 1992-L of 2005 |
| Decision Date |
Oct 12, 2005 |
| Hearing Date |
Jul 21, 2005 |
| Decision |
The Supreme Court of Pakistan, through Justices FAQIR MUHAMMAD KHOKHAR and KARAMAT NAZIR BHANDARI, dismissed the petition for leave to appeal filed by MUHAMMAD ARSHAD & CO. against the decision of the Lahore High Court dated 21-7-2005. The petition was initially dismissed by the LHC for non-prosecution on 1-6-2004, but was restored on 26-5-2005 pending payment of Rs.5,000 in costs. On the hearing on 21-7-2005, the petitioner failed to comply with the High Court's order by not paying the costs nor requesting an extension, leading to the dismissal of the writ petition by the High Court. The Supreme Court found no grounds for interference with the High Court's decision, and consequently refused leave to appeal, upholding the dismissal of the constitutional petition. |
| Summary |
In the landmark decision rendered on 12 October 2005, the Supreme Court of Pakistan upheld the Lahore High Court's dismissal of Civil Petition No. 1992-L of 2005, filed by the petitioner MUHAMMAD ARSHAD & CO., challenging the decision through Writ Petition No.2330 of 2001. The case primarily revolved around the non-prosecution of the constitutional petition, which was initially dismissed by the Lahore High Court due to non-prosecution on 1 June 2004. The petitioners sought restoration of their case by filing C.M. Nos.2336 and 2337 of 2004, which was granted on 26 May 2005, contingent upon the payment of Rs.5,000 in costs. However, by the date of the hearing on 21 July 2005, the petitioner had neither paid the required costs nor requested an extension for payment, leading to the High Court's decision to dismiss the writ petition again for non-compliance. The Supreme Court, presided over by Justices FAQIR MUHAMMAD KHOKHAR and KARAMAT NAZIR BHANDARI, reviewed the arguments presented by the petitioner’s counsel, Mirza Muhammad Aziz-ur-Rehman, and determined that the petitioner had failed to fulfill the necessary legal requirements to sustain the constitutional petition. Consequently, the Supreme Court refused the petition for leave to appeal, affirming the High Court's dismissal. This decision underscores the judiciary's emphasis on adherence to procedural requirements in constitutional matters, reinforcing the authority of the High Courts in managing and prosecuting petitions effectively. Key legal principles from the Constitution of Pakistan (1973), specifically Articles 199 and 185(3), were instrumental in the court's decision-making process, highlighting the importance of compliance with judicial directives to maintain the integrity and efficiency of the legal system. The case serves as a precedent for future constitutional petitions, emphasizing that non-compliance with court orders, such as the payment of costs, can lead to the dismissal of petitions, thereby ensuring that the legal process is respected and followed meticulously. This decision also reflects the Supreme Court's role in upholding the decisions of lower courts, maintaining a cohesive and authoritative judicial system in Pakistan. Moreover, the involvement of prominent legal representatives, including Advocate Mirza Muhammad Aziz-ur-Rehman for the petitioner and Nemo for the respondents, showcases the high level of legal advocacy and the importance of proper legal representation in constitutional matters. The dismissal of the petition reinforces the necessity for petitioners to adhere to all procedural requirements and deadlines, ensuring that their petitions are considered on their merits without procedural deficiencies undermining their cases. Overall, this case highlights the critical aspects of legal compliance, judicial authority, and the structured process required for constitutional petitions within Pakistan's legal framework, offering insightful guidance for legal practitioners and future litigants alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
MUHAMMAD ARSHAD & CO.,
ZILA COUNCIL, PAKPATTAN SHARIF
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Mirza Muhammad Aziz-ur-Rehman, Advocate Supreme Court for Petitioner,
Nemo for Respondents
|
| Petitioners |
MUHAMMAD ARSHAD & CO. through Muhammad Arshad
|
| Respondents |
ZILA COUNCIL, PAKPATTAN SHARIF, through District Nazim Pakpattan Sharif and others
|
| Citations |
2006 SLD 2711,
2006 SCMR 1450
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199,
Art. 185(3)
|