Pakistan Case Law
2005 C.L.R. 44

Abdul Rasheed and 6 others vs Muhammad Qamar-uz-Zaman and 4

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Citation2005 C.L.R. 44
CourtSupreme Court of Pakistan
Case No.C.M.A No.1059-L of 1999 and Civil Petition No.1824-L of 1999
Date1999-11-23
Judge(s)Wajihuddin Ahmed, Irshad Hasan Khan, Munir A. Sheikh
ResultLeave to Appeal Declined
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition seeking leave to appeal against an order of the High Court, which remanded a case to the Trial Court for a decision afresh on merits. The core legal question concerns the propriety of the High Court's remand order and whether the petitioners required special permission from the Supreme Court to initiate separate legal proceedings against alleged threats of illegal dispossession. The Supreme Court dismissed the petition and declined leave, holding that no interference was warranted with the well-reasoned order of the High Court. The Court further clarified that no special permission was required for the petitioners to approach a competent forum for the redress of their grievances in accordance with the law, and directed that the Trial Court must decide the suit on its own merits without being influenced by tentative observations in the impugned order. The principle laid down is that parties retain their inherent legal liberty to approach appropriate forums against threats of dispossession without requiring express leave from an appellate court, and remand orders based on proper evaluation of merits remain undisturbed.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with a High Court order remanding a case to the Trial Court for disposal on merits?
  • Does a party require special permission from the Supreme Court to initiate proceedings against alleged threats of illegal dispossession?
  • Must the Trial Court decide a remanded suit uninfluenced by tentative observations made in an impugned remand order?
remandleave to appealdispossessioncivil proceduretrial court

ORDER

IRSHAD HASAN KHAN, J.- After hearing the learned counsel for the petitioners, we are not inclined to interfere with the well reasoned order of the High Court, remanding the case to the Trial Court for disposal afresh on merits. At this stage learned counsel for the petitioners sough permission to lodge complaint before the proper forum and through proper proceedings against the persons who have allegedly threatened to illegally dispossess the petitioners from the land in dispute. No such permission is required. The petitioners shall be at liberty to approach any competent forum for redress of their grievance in accordance with law. Needless to observe that the Trial Court shall decide the suit on its own merits without being influenced by any observation made in the impugned order which is tentative in nature.

2. With the above observation, the petition is dismissed and leave declined. .

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