ZULFIQAR and 12 others vs GULZAR AHMAD alias LALA and 2 others

This matter concerns a petition for leave to appeal filed by defendants against the dismissal of their Regular Second Appeal by the High Court. The underlying suit was for a declaration. The core legal question presented to the Supreme Court was whether the High Court possessed the authority and discretion to permit the conversion of a Regular Second Appeal into a Civil Revision. The Supreme Court, relying on the precedent established in the case of Karamat Hussain and others v. Muhammad Zaman and others (PLD 1987 SC 319), held that the High Court erred in its approach regarding this conversion. The Court found that the legal position favored the petitioners, thereby determining that the High Court should have allowed such conversion under the circumstances. Consequently, the Supreme Court granted leave to appeal, directing that the appeal proceed on the existing record while allowing parties to submit necessary additional documents for the final disposal of the matter. This judgment reinforces the procedural flexibility available to appellate courts in managing the classification of appeals and revisions.