| Case ID |
fe0256f4-4c2a-4036-895d-12eca2f14e77 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 193 of 1993 |
| Decision Date |
Oct 20, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan issued a notice to the respondent, requiring him to show cause why the petition for leave to appeal should not be converted into an appeal. The court found that the respondent had been properly served notice but failed to appear. Consequently, the petition was converted into an appeal and accepted to the extent that an interim order was issued, stipulating that any construction made by the respondent on the disputed property would be at his own risk. The court emphasized that the respondent would not be allowed to alienate the property while the suit was pending. The merits of the case were not examined in detail, providing the respondent the opportunity to present his case in the future. |
| Summary |
This case revolves around the issue of an interim injunction related to a civil petition for leave to appeal in the context of the Civil Procedure Code and the Constitution of Pakistan. The Supreme Court addressed the importance of timely notice and the rights of parties involved in property disputes. The ruling highlights the court's authority to prevent the alienation of property during ongoing litigation, ensuring that parties cannot take undue advantage of the situation. The decision reinforces the principles of fairness and due process in the judicial system, emphasizing the need for parties to adhere to legal protocols. Key terms related to civil procedure, injunctions, and constitutional rights are significant in understanding the implications of this ruling in broader legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SALEEM AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Maj. (Retd.) EJAZ AHMAD,
KHALID MAHMOOD SINDHU
|
| Citations |
1994 SLD 465,
1994 SCMR 449
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
OXXXIX, Rr.1 & 2,
Art.185(3)
|