| Case ID |
f9be3288-3ba1-4060-946a-24c33f9a555a |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 22/ |
| Decision Date |
Oct 10, 1982 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed as being without merit. The court upheld the decision of the Lahore High Court, which had dismissed the second appeal in limine due to a concurrent finding of fact established by the Trial Court and the First Appellate Court. The court found that the High Court's reasoning was sound, and therefore, no grounds for further appeal were presented by the petitioner. |
| Summary |
In the case of Mst. Lalan Bibi vs. Mst. Ghulam Zohran and Others, the Supreme Court of Pakistan dealt with a civil petition seeking special leave to appeal against an earlier judgment by the Lahore High Court. The core issue revolved around the concurrent findings of fact made by the Trial Court and the First Appellate Court, which were upheld by the High Court, leading to the dismissal of the second appeal in limine. The petitioner, represented by Ch. Akhtar Ali, argued that the High Court's dismissal was erroneous. However, the Supreme Court, presided by Justices Aslam Riaz Hussain and Mian Burhanuddin Khan, concluded that the High Court's decision was justified. The court highlighted the importance of the finality of concurrent findings in civil matters, emphasizing that such findings should not be disturbed without compelling reasons. This case underscores the principle of judicial restraint and the limited grounds upon which higher courts may intervene in factual determinations made by lower courts. The dismissal effectively reinforced the authority of the Trial Court's and First Appellate Court's findings, affirming the integrity of the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Mian Burhanuddin Khan
|
| Lawyers |
Ch. Akhtar Ali
|
| Petitioners |
Mst. Lalan Bibi
|
| Respondents |
Others,
Mst. Ghulam Zohran
|
| Citations |
1983 SLD 287,
1983 SCMR 364
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185 (3),
Civil Procedure Code (V of 1908),
S. 100
|