Mian MUHAMMAD BASHIR and another vs NOOR HUSSAIN
This matter arises from a vendees' petition in a pre-emption suit. The petitioners submitted additional grounds by way of an application under the Supreme Court Rules, 1980, which was read as part of the amended petition. The core legal question examined by the court was whether the law or any provision prevents the petitioners from pursuing their right of first appeal, given that their appeal had not been heard on merits due to various technical hurdles. The Supreme Court granted leave to appeal, directing a security deposit of Rs. 5,000 within three weeks and ordering that the appeal be prepared on the existing record with liberty to file additional documents, to be fixed for hearing before the long vacations. The holding establishes that where a party's right of first appeal is obstructed by technical hurdles without a decision on merits, leave to appeal may be granted to examine the application of the law regarding such appellate rights.
- Whether the law or any provision prevents a party from pursuing their right of first appeal when it has not been heard on merits due to technical hurdles?
- Under what circumstances will the Supreme Court grant leave to appeal in a pre-emption matter involving unadjudicated first appeals?
- Order XXXIII Rule 6, Supreme Court Rules 1980
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--The petitioners have submitted additional grounds by way of an application under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980 with our permission. The same shall be read as part of the main petition which, as amended, has also been filed, with the application. It is vendees' petition in a pre-emption matter.
2. After hearing the learned counsel in support of this petition, we consider it a fit case for examination, inter alia, of the question as to whether the law or any provision does not help the petitioners in so far as their one right of first appeal is concerned. Admittedly their said appeal has not been heard on merits on account of one or the other technical hurdle.
3. We accordingly grant leave to appeal. Security Rs. 5,000 to be deposited within three weeks. The appeal shall be prepared on the present record with B liberty to the parties to file additional documents. It shall be fixed for hearing before the long vacations.