| Case ID |
f682d7ed-445e-4606-986c-95735645aa42 |
| Body |
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| Case Number |
C.P.S.L.A. No. 113-P of 1974 and C.A. No. 6-P of 1 |
| Decision Date |
Jun 11, 1976 |
| Hearing Date |
Jun 11, 1976 |
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, stating that the petitioners failed to apply for a stay of proceedings before the trial court, which rendered the petition infructuous after the decree was passed by the trial court. The court noted that the petitioners were at fault for not seeking relief and left the matter of the validity of the ex parte decree for the appellate court to consider if raised before it. In the civil appeal, the court modified the order to allow the stay of execution subject to the respondents depositing the decretal amount in court. The decision emphasized adherence to procedural rules and the need for parties to act promptly in litigation. |
| Summary |
In the case of C.P.S.L.A. No. 113-P of 1974 and C.A. No. 6-P of 1976 before the Supreme Court of Pakistan, the petitioners challenged an ex parte order from the Peshawar High Court. The court addressed issues related to the failure of the petitioners to seek a stay of proceedings after a decree was passed against them, leading to the dismissal of their petition. The case highlights the importance of timely legal action and adherence to procedural requirements in civil litigation. Furthermore, the court modified a stay order in a related appeal, ensuring that execution of a money decree could proceed only upon deposit of the decretal amount, emphasizing the necessity for compliance with the Civil Procedure Code. This case serves as a critical reference for understanding the procedural dynamics in civil appeals and the implications of ex parte orders in the Pakistani legal framework. Keywords: Supreme Court, ex parte order, civil procedure, legal representation, appeal process, procedural compliance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
CENTRALLY ADMINISTERED TRIBAL AREA (CATA) DEVELOPMENT CORPORATION
|
| Judges |
MUHAMMAD HALEEM, J
|
| Lawyers |
M. Zahurul Haq, Advocate Supreme Court instructed by Nur Ahmad Khan Advocate-on-Record for Petitioners,
Wazir Muhammad, Advocate Supreme Court instructed by M. Qasim Imam, Advocate-on-Record for Respondents Nos. 1 and 2,
Wazir Muhammad, Advocate Supreme Court instructed by M. Qasim Imam, Advocate-on-Record for Appellants,
M. Zahurul Haq, Advocate Supreme Court instructed by Nur Ahmad Khan Advocate-on-Record for Respondents
|
| Petitioners |
,
CHAIRMAN, CENTRALLY ADMINISTERED TRIBAL AREA (CATA) DEVELOPMENT CORPORATION
|
| Respondents |
4 others,
Malikzada MUHAMMAD AKBAR
|
| Citations |
1984 SLD 408 = 1984 SCMR 181
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
Ss. 96 & 115, O. IX, r. 13 & O. XLI, r. 5
|