| Case ID |
f7ea62c8-d6ab-484b-b7b2-a31222126524 |
| Body |
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| Case Number |
Civil Petition No. 062 of 1981 |
| Decision Date |
Jul 16, 1988 |
| Hearing Date |
|
| Decision |
The petition has arisen out of a usual suit under custom, challenging an alienation as without consideration and legal necessity. The learned counsel admitted that due to the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983, the suit filed by the petitioner could not proceed. Although the plaint was rejected under Order VII, Rule 11 for other reasons, it could not succeed due to the change of law. Therefore, the petition has to be dismissed, and leave to appeal is refused. |
| Summary |
This case revolves around a civil petition challenging an alienation under custom, which was deemed to lack consideration and legal necessity. The Supreme Court of Pakistan addressed the implications of the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance of 1983, determining that the petition could not proceed based on the new legal framework. The court emphasized the importance of adhering to current laws when assessing the validity of petitions, leading to the dismissal of the case despite its initial merits. The ruling highlights key legal principles regarding custom and the procedural codes that govern such petitions in Pakistan. The decision is significant for understanding how changes in legislation affect ongoing legal proceedings, particularly in matters involving personal law and civil procedure. It serves as a reference point for future cases concerning similar legal frameworks and the impact of legislative amendments on pending petitions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Ch. Muhammad Anwar Bhinder
|
| Petitioners |
HABIB SULTAN
|
| Respondents |
others,
ALLAH DITTA
|
| Citations |
1989 SLD 1886,
1989 SCMR 1754
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Civil Procedure Code (V of 1908)
|
| Sections |
2-A,
O.VII, R.11
|