ILAM DIN vs Mst. HUSSAIN BIB! and 3 others
This matter concerns a petition for leave to appeal filed by the plaintiffs against the dismissal of their civil revision by the High Court. The underlying suit involved a claim to enforce an agreement of sale and to seek the annulment of a subsequent sale by the same vendors to a third party, which the plaintiffs alleged was collusive and without consideration. The trial court dismissed the suit primarily on procedural grounds, specifically that it was presented in the wrong form. This dismissal was upheld by the appellate court and subsequently by the High Court, which additionally cited the non-joinder of necessary parties as a ground for dismissal. Upon review, the Supreme Court determined that the petition raised significant questions of law warranting further examination. Specifically, the Court identified the need to determine whether principles of Islamic Law regarding the duties of a vendor are applicable to such disputes and, if so, the legal effect of those principles. Consequently, the Court granted leave to appeal to address these issues, ordering that the appeal be heard alongside another related case.
- Whether the principles of Islamic Law regarding the duties of a vendor are applicable to suits involving the enforcement of an agreement of sale and the challenge of a subsequent sale?
- What is the legal effect of applying Islamic Law principles to a dispute concerning the duties of a vendor in a sale agreement?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiffs side in a suit for declaration; against the dismissal by the High Court, of their Civil Revision. It had arisen out of the plea of the plaintiff to enforce an agreement of sale in his favour and at the same time to seek annulment of a sale by the same vendors in favour of respondent No,4 as collusive, without consideration, and of no effect against his interests. The petitioner's suit was dismissed by the trial Court mainly on the ground of it having been presented in a wrong form. The appellate Court upheld the dismissal of the suit. The High Court also upheld the same on similar grounds including one relating to non-joinder of parties.
2. After hearing the learned counsel we consider it a fit case for examination of the questions raised in this petition as also the questions; whether, the principles of Islamic Law with regard to the duties of a vendor in cases like the present one would not be attracted; if so, with what would effect. Leave to appeal has already been granted on this latter question in Muhammad Abdullah (deceased) represented by Alam Bibi and 8 others v. Mumtaz Begum and 5 others C.P.-718 of 1985, today, though it is to be stated the facts in both the cases are not similar.
3. ' Security--Rs,5,000.
4. ' The appeal shall be prepared on the present record with direction to parties to file all essential documents.
5. ' Both the appeals arising from this and the aforestated case shall be heard together.