ALI HAIDER SHAH vs MANZUR MEHDI and others
This matter arises from a petition for leave to appeal filed by a plaintiff against the dismissal of his declaratory suit, appeal, and subsequent civil revision challenging a gift made by him in favour of the respondents. The core legal question concerns whether the petitioner's challenge to the gift on merits and technical grounds warrants interference by the Supreme Court. The Supreme Court held that since all courts below found against the petitioner on merits and the petitioner did indeed make the gifts in dispute in favour of his own son and grandson, the Court would decline to grant leave to appeal in the exercise of its discretionary jurisdiction, notwithstanding any technical or procedural defects. The key principle laid down is that the Supreme Court will not exercise its discretionary jurisdiction to grant leave to appeal where concurrent findings on merits are against the petitioner and the transaction in question involves a gift made to close family members, despite alleged technical defects.
- Will the Supreme Court grant leave to appeal against concurrent findings on merits regarding a gift?
- Does a technical or procedural defect warrant interference when a gift is made to one's own son and grandson?
- Can discretionary jurisdiction be exercised to refuse leave to appeal in a declaratory suit challenging a gift?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a declaratory suit regarding his challenge to the gift made by him in favour of the respondents' side. The suit was dismissed. Petitioner's appeal failed and his civil revision having been dismissed by the High Court, leave to appeal has now been sought.
2. The points urged in this petition are divided into two categories; one on merits and the other technical. All the Courts below have held against the petitioner on merits. No justification has been made out for interference by this Court in that behalf.
3. ' It having been held that the petitioner did make the gift/s in dispute in favour of his own son and grandson, even if there is some technical or procedural defect, we would not grant leave to appeal in this case, in exercise of our discretionary jurisdiction.
4. ' Leave to appeal, accordingly, is refused.
Cited by 1 case
- Syed Mansoor Ali Shah vs Imran Ahmad Khan Niazi 2023 SCMR 636