Pakistan Case Law
1991 SCMR 1801

TOYO MONKA KAISHA LTD. vs FERRO ALLOYS PAKISTAN LIMITED And Another

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Citation1991 SCMR 1801
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeals Nos.364 and 365-R of 1988 Civil Revision
Date1991-04-15
Judge(s)Muhammad Afzal Zullah, CJ and Abdul Qadeer Chaudhry
Authored byMuhammad Afzal Zullah
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a judgment that is also the subject of a pending appeal (Civil Appeal No. 3 of 1988) involving another party. Upon hearing counsel, the Court granted leave to appeal, primarily to facilitate the possibility of reaching an agreed order that would resolve both the current matter and the related pending appeal. The Court directed that security of Rs. 5,000 be deposited in each case. Furthermore, the Court ordered that the appeals be prepared based on the existing record, with instructions for the parties to submit all necessary documentation for the final disposal of the matters. It was explicitly ordered that the instant appeal be heard concurrently with Civil Appeal No. 3 of 1988 to ensure consistency and judicial efficiency in the adjudication of the related disputes.

Questions settled in this judgment
  • Can the Supreme Court grant leave to appeal to explore the possibility of an agreed order between related appeals?
  • Is it appropriate for the Supreme Court to direct that separate appeals be heard together when they arise from the same impugned judgment?
leave to appealconsolidated hearingagreed orderappellate proceduresecurity deposit

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ.---Learned counsel states that an appeal, against the same judgment which is impugned in this case filed on behalf of other party, is pending in this Court. It is Civil Appeal No.3 of 1988.

2. After hearing the learned counsel we consider it fit and proper to grant leave to appeal in this case also amongst others to explore the possibility of passing an agreed order in both the appeals.

3. Security Rs.5,000, in each case.

4. The appeals shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.

5. Both the appeals shall be heard with the said Appeal No.3 of 1988.

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