1987 PLP 27 (SCMR)
BAGH MALL‑‑Petitioner Versus MUHAMMAD SHAFI‑‑Respondent
| Citation | 1987 PLP 27 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Muhamad Afzal Zullah, JJ |
| Parties | BAGH MALL‑‑Petitioner Versus MUHAMMAD SHAFI‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 27 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 27 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhamad Afzal Zullah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 27 (SCMR) (BAGH MALL‑‑Petitioner Versus MUHAMMAD SHAFI‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Rashid, Advocate Supreme Court for Petitioner (in contempt application and application for stay).
- Date of hearing‑. 1st November, 1981.
- Muhammad Zainul Abidin, Advocate Supreme Court, Walayat Umar Chaudhry, Advocate‑on‑Record for Muhammad Sharif, Respondent No. 1.
Headnotes / Summary
Art. 185(3)‑‑Supreme Court Rules, 1980,
0. XXXIII, R. 6‑‑Civil Procedure Code (V of 1908), O. XXXIX, R. 4‑‑Stay order, setting aside of‑‑True facts of case found not to have been disclosed at time of hearing of stay application before Supreme Court‑‑Stay order vacated. Muhammad Zainul Abidin, Advocate Supreme Court, Walayat Umar Chaudhry, Advocate‑on‑Record for Muhammad Sharif, Respondent No. 1.
Judgment & Decree
Sh. Abdul Rashid, Advocate Supreme Court for Petitioner (in contempt application and application for stay). Muhammad Zainul Abidin, Advocate Supreme Court, Walayat Umar Chaudhry, Advocate‑on‑Record for Muhammad Sharif, Respondent No.
1. Date of hearing‑. 1st November, 1981. ASLAM RIAZ HUSSAIN, J.‑‑ This order shall dispose of Cr.P. No. 38 of 1981 and C.M.P. No. 742 of 1981 in C.P.S.L.A. No.487 of 1981. The first is a contempt application by Bhag Mal and the second is an application for vacation of stay order, filed by Muhammad Shafi, etc., (in the main petition).
2. C.P. No.487 of 1981 has been filed by Bhag Mal who applied and obtained stay order with respect to possession of the land in dispute on 4‑9‑1981. Through Cr.P. No. 38 of 1981, he has alleged that the respondents have taken possession of the land in question in violation of the above‑mentioned stay order and are thus guilty of the contempt of Court. The respondents have on the other hand filed C . M . P. No. 742 of 1981 praying vacation of the said stay order, on the ground that Bagh Mal had taken possession of the land in question forcibly, and had therefore, obtained stay order from this Court without disclosing the true facts of the case.
3. After hearing the learned counsel for the parties, we feel that' if the true facts had been disclosed by the respondents at the time of hearing of the stay application, stay order would not have been granted to them. The stay order is, therefore, vacated. At the same time for the same reasons, we do not wish to proceed against the respondents in contempt matter. Both the miscellaneous applications stand disposed of accordingly. S. Q. Stay order vacated.