| Case ID |
ffc7b678-f91c-4255-b1e7-ad8fa8d4144b |
| Body |
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| Case Number |
Civil Petition No. 133 of 2009 |
| Decision Date |
Apr 22, 2010 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed as the petitioner failed to meet the minimum standards set out in section 100 of the Civil Procedure Code, which are applicable to second appeals. The Supreme Court found no merit in the petition and refused leave to appeal, noting that the judgments of the lower courts were not contrary to law and were based on sound reasoning. The petitioner was unable to demonstrate any legal infirmity or jurisdictional error in the impugned judgments. |
| Summary |
The Supreme Court of Pakistan, in the case Civil Petition No. 133 of 2009, addressed the issue of whether the petitioner, Bashir Ahmed, was the rightful owner of a disputed property. The case involved the interpretation of the terms 'Bashindgan' and 'Malikan of Abadi Deh' and the jurisdictional limits of appellate courts under the Civil Procedure Code. The petitioner sought leave to appeal under Article 185(3) of the Constitution of Pakistan, arguing that the judgments of the lower courts were perverse. However, the Supreme Court found that the judgments were well-reasoned and based on a thorough appraisal of evidence. The court emphasized that a second appeal is more restricted in scope than a first appeal and that the petitioner failed to meet the criteria for granting leave to appeal. The decision highlights the importance of understanding the procedural requirements and jurisdictional boundaries in appellate cases. Keywords: Supreme Court of Pakistan, Civil Procedure Code, Article 185(3), appellate jurisdiction, property dispute, legal interpretation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
BASHIR AHMED,
Mst. TAJA BEGUM
|
| Judges |
JAWWAD S. KHAWAJA,
KHILJI ARIF HUSSAIN
|
| Lawyers |
Shaukat Aziz Siddiqui, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner,
Muhammad Ilyas Mian, Advocate Supreme Court for Respondent No. 3
|
| Petitioners |
BASHIR AHMED
|
| Respondents |
Mst. TAJA BEGUM
|
| Citations |
2010 SLD 2685,
2010 PLD 906
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 96,
Ss. 100 & 115
|