HABIB SULTAN vs ALLAH DITTA and others
This petition for leave to appeal arose from a civil suit challenging an alienation of property based on custom, specifically alleging a lack of consideration and legal necessity. The core legal question was whether the suit could proceed in light of subsequent legislative changes affecting customary law. The Supreme Court held that the petition could not succeed because the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983, rendered the petitioner's claim untenable, regardless of the merits of the initial plaint rejection under the Code of Civil Procedure 1908. The Court established the principle that even if a petition appeared to have force at the time of filing, a subsequent change in law that invalidates the underlying cause of action necessitates the dismissal of the petition, as the court must apply the law as it stands at the time of adjudication.
- Can a suit challenging property alienation under custom proceed following the enactment of the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983?
- Does a change in law occurring after the filing of a petition but before its adjudication affect the outcome of the petition?
- Order VII Rule 11, Code of Civil Procedure 1908
- West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition has arisen out of a usual suit under custom, as explained by the learned counsel, challenging an alienation as without consideration and legal necessity.
2. Learned counsel had to admit that by virtue of West Pakistan Muslim Personal Law (Shariat)
3. Application (Amendment) Ordinance, 1983 the suit filed by the petitioner could not proceed.
4. Although, his plaint has been rejected under Order VII, Rule 11, for other reasons regarding which the learned counsel for the petitioner has confidently stated that he has a good case, it cannot now succeed on account of the change of law in 1983--this petition was filed in 1981. Accordingly, notwithstanding the fact that this petition when filed, prima facie, had some force; but, as the law stands today, the petitioner cannot at all succeed in so far as the subject-matter of this petition is concerned. Therefore, the petition has to be dismissed. Leave to appeal accordingly is refused.