| Case ID |
fa00c579-4385-4864-8271-99e07c6d90fd |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Mar 10, 1987 |
| Hearing Date |
Mar 10, 1987 |
| Decision |
In the case of Aslam Riaz Hussain and Saad Saood versus Muhammad Khan, the Supreme Court of Pakistan delivered a pivotal judgment on March 10, 1987. The petitioners filed a Civil Petition for Special Leave to Appeal No. 838 of 1981, challenging a decision from the Lahore High Court dated May 4, 1981, concerning F.A.O. No. 130 of 1977. Initially, the petitioners sought to exercise their right of pre-emption; however, their plaint was rejected due to an unresolved deficiency in court fees, despite multiple opportunities to rectify this issue. Undeterred, the petitioners appealed to the District Judge, who overturned the rejection, setting aside the initial order and remanding the suit back to the trial court for proper adjudication. The respondent, Muhammad Khan, filed an appeal against this remand decision in the High Court. Unfortunately, during the pendency of this appeal, Muhammad Khan passed away. His legal representatives were duly introduced to the record, and the High Court, through a single judge, accepted the appeal, thereby reinstating the trial court's original order. Consequently, the petitioners sought leave to appeal this decision to the Supreme Court. However, a significant preliminary objection was raised regarding the competency of the petition, primarily because the petition was filed against Muhammad Khan posthumously without including his legal representatives as impleaded parties. The counsel representing the petitioners failed to provide a satisfactory explanation for initiating legal proceedings against a deceased individual. Given these procedural lapses and the absence of a justified rationale for challenging a late respondent, the Supreme Court dismissed the petition. This decision underscores the critical importance of adhering to procedural norms within the Pakistani legal system, particularly concerning the representation of deceased parties. The judgment highlights sections 185(3) of the Constitution of Pakistan, 1973, and sections 9 and 10 of the Civil Procedure Code (V of 1908), emphasizing their relevance in determining the competency and validity of legal petitions. The dismissal serves as a precedent, reinforcing the necessity for legal practitioners to ensure complete and accurate representation of all parties involved in litigation, thereby maintaining the integrity and efficacy of judicial proceedings in Pakistan. |
| Summary |
The Supreme Court of Pakistan adjudicated a significant case on March 10, 1987, involving petitioners Aslam Riaz Hussain and Saad Saood against the respondent, Muhammad Khan. The case centered around the petitioners' attempt to seek pre-emption rights through a Civil Petition for Special Leave to Appeal No. 838 of 1981. Initially, the Lahore High Court had rejected their plaint due to deficiencies in court fees, despite giving them multiple opportunities to address these issues. Undeterred, the petitioners appealed to the District Judge, who overturned the rejection and remanded the case back to the trial court for further proceedings. However, during the appellate process, Muhammad Khan, the respondent, passed away. His legal representatives were subsequently brought onto the record, and the High Court, presided over by a single judge, accepted the appeal, restoring the original order from the trial court. The petitioners then sought leave to appeal this High Court decision to the Supreme Court. A critical objection arose regarding the competency of the petition, primarily because the petition was filed against Muhammad Khan after his death without properly impleading his legal representatives. The counsel representing the petitioners failed to provide a valid explanation for initiating legal proceedings against a deceased individual, leading to the dismissal of the petition. This judgment underscores the importance of procedural compliance in the Pakistani legal system, particularly in cases involving deceased parties. The decision referenced key legal frameworks, including the Constitution of Pakistan, 1973, specifically section 185(3), and the Civil Procedure Code (V of 1908), sections 9 and 10, highlighting their application in determining the validity and competency of legal petitions. The Supreme Court's dismissal of the petition reinforces the necessity for meticulous adherence to legal procedures, ensuring that all parties involved in litigation are properly represented and that petitions are filed with full procedural accuracy. This case serves as a precedent for future legal proceedings, emphasizing the critical role of competent advocacy and the proper implementation of procedural laws to uphold the integrity of the judicial system in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
MUHAMMAD KHAN,
MALI and others
|
| Judges |
ASLAM RIAZ HUSSAIN,
SAAD SAOOD,
JAN
|
| Lawyers |
Ch. Ghulam Mujtaba,
Kh. Ghulam Qadir,
Tanvir Ahmad
|
| Petitioners |
MALI and others
|
| Respondents |
MUHAMMAD KHAN
|
| Citations |
1987 SLD 1619,
1987 SCMR 812
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
9,
10
|