Pakistan Case Law
1987 SCMR 1753(1)

ABDUL SATTAR And Others vs KHUDA E DAD

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Citation1987 SCMR 1753(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.38-Q of 1985
Date1987-04-04
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal before the Supreme Court of Pakistan concerns the propriety of the High Court's exercise of revisional jurisdiction. The core legal question addressed is whether the High Court was legally justified in interfering with the judgment and order of the trial court in a revision application when those specific trial court orders had not been challenged by the parties. The Supreme Court granted leave to appeal to examine this procedural and jurisdictional issue. The Court directed that the appeal be heard on the existing record during the current session, while granting liberty to the parties to file any additional documents deemed necessary. The matter essentially centers on the scope of the High Court's authority to revise orders that remain unchallenged by the litigants, highlighting the principle that appellate or revisional interference generally requires a proper challenge to the underlying order being reviewed.

Questions settled in this judgment
  • Can the High Court interfere in a revision application with a judgment or order of the trial court that was not challenged by the parties?
  • Is the High Court's revisional jurisdiction limited to the specific orders challenged by the petitioners?
revisional jurisdictionHigh Courtleave to appealprocedural lawscope of revision

ORDER

1. ABDUL KADIR SHAIKH, J.--The question for consideration in this petition is whether the High Court was correct in law in the revision application by the petitioners to interfere with the judgment/ order of the trial Court which were not challenged.

2. Leave is granted. Security Rs.500.

3. Appeal will be heard on the present record during the present session. It is however open to the parties to file additional document, if any.

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