Mst. SAFIA BEGUM vs TAJ DIN And 2 Other
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which dismissed a second appeal filed by the petitioner. The underlying dispute involved a suit for specific performance regarding a house in Lahore Cantonment. Following various proceedings in the trial court and the District Court, the High Court dismissed the petitioner's second appeal on the procedural ground that the petitioner had failed to file a certified copy of the trial court's judgment, a requirement deemed mandatory by the Court. The High Court further noted that the petitioner had failed to rectify this omission despite a lapse of six years. The core legal question before the Supreme Court is whether an appeal can be dismissed solely on the technical ground of failing to attach a copy of the trial court's judgment. The Supreme Court granted leave to appeal to consider this issue, noting that similar questions were pending in other petitions, and ordered the maintenance of the status quo subject to the petitioner furnishing security for mesne profits.
- Can a second appeal be dismissed solely on the ground of failure to file a certified copy of the trial court's judgment?
- Is the filing of a certified copy of the trial court's judgment a mandatory requirement for maintaining a second appeal?
ORDER
1. ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the order dated 3-12-1989 of the Lahore High Court.
2. Briefly stated the facts are that the dispute relates to a house situate in Sadar Bazar, Lahore Cantonment. Taj Din and Muhammad Yaqoob, respondents, brought a suit for specific performance of an agreement. The suit was contested. The suit was decreed by the trial Judge. On petitioner's appeal the decree was set aside and the suit was remanded to the trial Court, which refused to grant specific performance of the agreement but instead passed a decree for Rs.10,000.
3. The two appeals; one by respondents Nos.1 and 2 and the other by respondent No.3 were filed before the District Court at Lahore. The appeal filed by respondent No.3 was dismissed and that of the respondent Nos.1 and 2 was decreed for specific performance of the agreement to sell in their favour against the petitioner and respondent No.3. The petitioner filed a second appeal in the High Court which was dismissed on the ground that the petitioner had not filed copy of the judgment of the civil suit which was a mandatory requirement of law. It was further observed that a period of six years had elapsed since then but no effort was made either to obtain certified copy or to file it before the Court.
4. The point for consideration is whether the appeal could be dismissed on such technical ground.
5. Leave to appeal has been granted to consider similar question in other petitions. Leave to appeal is also granted in this petition.
6. Security Rs.5,000.
7. Status quo to be maintained subject to petitioner's furnishing security of `mesne profit' to the satisfaction of the Assistant Registrar of this Court, Lahore.
Cited by 2 cases
- MUHAMMAD ALAM and 3 others vs ALI SHER and 6 others 2001 YLR 219
- MUHAMMAD YOUNIS Versus JAMEELA 1994 CLC 151