Application for Withdrawal of a Supreme Court Appeal

Here are the basic legal points you need to know , if you are planning to file or filing a civil suit in Pakistan.

  1. Adjournments-Evidence to be recorded day to day and adjournment in its midst not be granted except in exceptional case for reasons to be recorded. P L J 1981 Supreme Court 484
  2. Amendment of plaint—Inheritance under Muhammadan Law —Issue: what is share of plaintiff in suit land—Objection that share of plaintiff from estate of deceased father could not be determined without amending plaint —Held : parties were aware of substance of controversy and it was too late to raise hyper technical objection of procedure—O. VI, R. 17, Civil P. C. PLJ 1980 Lahore 250
  3. Awarding or refusing costs claimed—Within discretion of Court provided material for exercise of discretion available—Though appellate Court would be slow to interfere in discretion exercised by trial Court but that does not mean that appeal against orders regarding costs does not lie—Appellate Court hearing appeal competent to entertain cross objections of opposite party. P L J 1980 Supreme Court 2
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Civil Suit-Dismissal for default-Legal position, that suit cannot be dismissed in default after stage of preliminary decree, not disputed. P L J 1981 Supreme Court 477

  1. Consolidation of suits-Purpose-inter alia (i) to avoid multiplicity of litigation, (ii) to avoid conflicting judgments and (hi) to prevent abuse of powers. P L J 1981 Lahore 141
  2. Decree-Judgment debtor Held: that symbolic possession is as good as actual possession as against judgment debtor. P L J 1981 Supreme Court 662
  3. Dismissal for default after remand for retrial—Contention that trial Court erred in dismissing suit as that was not date of bearing of suit—Contention not upheld—Question of fact—Plea not taken before Courts below—Leave to appeal before Supreme Court. not granted .P L J 1980 Supreme Court 189
  4. Dismissal of suit-Suit based on injury caused by overwork and on account of employer’s neglect to provide facilities Allegations, proved, likely to result in success-Held : proceedings could not be shut out by summarily dismissing the suit of fantastic value by trial Court. P L J 1981 Lahore 59
  5. Evidence—Plaintiff not completing his evidence despite blank years had elapsed—Delay, scandalous—Direction for day to day hearing for decision within six months, issued. P L J 1980 Supreme Court 226
  6. Execution of decree-Contention that second execution application cannot be filed during pendency of first execution application-Contention repelled and held that no statutory provision prohibits filing of more than one execution application for enforcement of decree-Court has discretion to refuse simultaneous execution-Rules 30 & 21, Order XXI, Civil P.C. (1908) P L J 1981 Karachi 284
  7. Execution proceedings—Orders of Executing Court set aside by High Court in exercise of revisional jurisdiction—Petition for leave to appeal allowed by Supreme Court for authoritative exposition of S. 73, Civil P. C- (1908)—Subsequent miscellaneous application before Supreme Court praying suspension of Executing Court’s orders directing redeposit of amount—Subsequent application being not maintainable, petitioner agreed to redeposit decreed amount and respondents agreed to furnish adequate security to protect interest of petitioner qua appeal before Supreme Court- P L J 1980 Supreme Court 149
  8. Form of Suit:- Heading-of suit that it is for dissolution of marriage-Grant of decree for dissolution of marriage on basis is of exercise of the right of option of puberty-(Held : suit in present form is competent being suit for declaration-Writ Petition accepted, judgment and decree of Lower Courts set aside-Case remanded. L. J. 1981 Lahore 112
  9. Judgment-Findings neither based upon pleadings nor on widows led before trial Court-No weight can be given to such observation. PLJ 1981 Lahore 24
  10. Notice:– Non service of notice is basically a question of fact-S. 106, Transfer of Property Act (VI of 1882)-S. 115, Civil P.C. (1908). PLJ 1981 Lahore 24
  11. Pleadings-Pleas of fact-All pleas must be taken by parties In their pleadings and opposite party cannot be allowed to be taken by surprise -No service of notice-To be alleged specifically. PLJ 1981 Lahore 24
  12. Prima facie case:–Existence of prima face case includes question of maintainability of suit-Suit itself not maintainable No final verdict can be given nor interlocutory matters arising thereto be decided by Court. P L J 1981 Lahore 62
  13. Proceedings, stay of-Order to stay proceedings takes effect from moment it is passed-Proceedings before trial Court after stay order, held nullity in law-Ex parte decree passed during enforcement of such order-Non existent-Suit deemed to be pending. PLJ 1981 Lahore 296
  14. Recall a witness:– Petitioner, held, had no right to recall a witness for cross examination but could not be prevented from examining such witness in defence-R. 17, Order 18, Civil P. C. (1908). P L J 1981 Supreme Court 484
  15. Recovery of money–Suit for–Whether plaintiffs arc entitled to amount claimed–Question of–According to plaintiff No.l, he was known to Manager who took him in his enclosure where money was delivered to Cashier who took away’ money, brought hack pay-in-slips which were duly signed by Manager and handed over to plaintiff No.1–Bank cannot be abolished of liability on ground that Manager had no authority to accept amount or to sign pay-in-slips–Held: If amount was misappropriated by Manager or any other officer of Bank, Bank would still he liable to make good loss in so far as customer is concerned P11 1994 Karachi 276 Suit for Recovery of money-Whether plaintiff, arc entitled to decree–Question of–Pay-in-slip is only evidence with account holder to prove deposit of money and this cannot he lightly ignored–Where pay-in-slip hears signature of a responsible officer like Manager, presumption would he that amount mentioned therein has been deposited with hank–Held: Two pay-in-slips evidencing deposit of Rs.30000/- and Rs.I,2t),t)I)0/- in plaintiff’s accounts, are binding on defendant Bank and it is immaterial whether or not These were executed in manner prescribed by Bank’s internal rules–Held further: Plaintiffs were entitled to recover from defendant Bank and Bank is liable to pay to plaintiffs, sums of Rs.30.000/ and Rs.1,20.00(1/- hut claim of damages cannot he granted as no evidence has been. produced in support thereof–Suit decreedP11 1994 Karachi 276
  16. Violation of Interim Order-Prohibitory interim order of a Court effective, violation of such order merely entailed penal consequences Not retracting from its validity. P L J 1981 Lahore 345
  17. Written statement:– Non-filing of written statement in any petition renders the arguments of  the petition to go unchallenged. P L J 1981 Lahore 366

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