Pakistan Case Law
1989 SCMR 1794

MUHAMMAD SHARIF vs INAYAT ULLAH

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Citation1989 SCMR 1794
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,129-R of 1988
Date1989-05-17
Judge(s)Muhammad Afzal Zullah and Usman Ali Shah
Authored byMuhammad Afzal Zullah
ResultLeave granted
Summary

This matter comes before the Supreme Court of Pakistan as a petition for leave to appeal involving questions similar to those pending in another civil appeal. The core legal question concerns the appropriate procedural treatment of a petition raising identical issues to a pending appeal before the Court. The Court decided to convert the petition into an appeal, directed the deposit of security within two weeks, and ordered that the newly converted appeal be heard together with the connected pending civil appeal on the existing record with a direction to file all essential documents. The key principle laid down is that petitions raising identical questions as pending appeals may be converted and connected for joint hearing to ensure judicial consistency and efficient disposal of related litigation.

Questions settled in this judgment
  • Whether a petition for leave to appeal can be converted into an appeal when similar questions are involved in a pending appeal?
  • Can the Supreme Court direct connected appeals involving the same questions to be heard together?
civil appealconversion of petitionconnected appealsSupreme Court practiceprocedural directions

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.-- It has been stated at the Bar that Civil Appeal No,81 of 1985 arising out of Civil Petition No,242 of 1985, involving the same questions as are involved in this case, is pending.

2. ' This petition accordingly is converted into appeal. Security Rs,5,000. It shall be deposited within two weeks.

3. ' The appeal shall be heard together with Civil Appeal No,81 of 1985. It shall be prepared on present record with direction to tile all essential documents.

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