Pakistan Case Law
1994 SCMR 450

ASSISTANT ADMINISTRATOR, EVACUEE TRUST PROPERTY, GUJRAT vs RASHID

⭐ Prefer in Google
Citation1994 SCMR 450
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos. 296 to 299 of 1981 Civil Revisions Nos.77/79, 78/79, 79/79
Date1990-10-21
Judge(s)Abdul Shakurul Salam and Muhammad Afzal Lone
ResultOrder accordingly
Summary

This matter comes before the Supreme Court of Pakistan through appeals by leave directed against interim injunctions issued by the Civil Courts relating to evacuee trust property. The core legal question concerns the propriety of sustaining interlocutory injunctions pending trial where properties administered under evacuee trust laws are involved. Upon hearing the submissions of the learned counsel for the parties, the Court disposed of the appeals by consent, issuing a direction to the trial court to decide the underlying suits within three months. The Court held that the parties are at liberty to raise all available legal and factual pleas before the trial court within the stipulated timeframe, thereby bypassing the need to adjudicate upon the merits of the interim injunctions. The key principle laid down is that appellate proceedings against interlocutory orders may be amicably resolved and disposed of by directing an expedited trial on merits while preserving all factual and legal contentions of the contesting parties.

Questions settled in this judgment
  • Can appeals against interim injunctions be disposed of with a direction for an expedited trial upon the agreement of the parties?
  • Are parties permitted to take all legal and factual pleas before the trial court when suits are expedited by the appellate court?
interim injunctionevacuee trust propertycivil suitsexpedited trialappeals by leave

ORDER

' ABDUL SHAKURUL SALAM, J.---The afore titled appeals by leave are against an interim injunctions issued by the Civil Courts.

2. Learned counsel for the parties submit that if the trial Court is directed to decide the suits within three months where they can take all legal and factual pleas as available to them, the appeals may be disposed of with that direction.

3. In view of the above submission of the learned counsel for the parties, these appeals are disposed of with the direction to the learned trial Court, A wherebefore the parties may take whatever pleas they choose to decide the suits pending before it within the next three months. In order to avoid delay, the parties are directed to appear before the learned trial Court on 30th October, 1990. In the circumstances, there will be no order as to costs.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.