| Citation(s) |
|---|
| 2016 SLG 537 2016 SLD 537 2016 PLD 358 |
Supreme Court of Pakistan
Civil Appeals Nos. 1176 and 1177 of 2015, and Civil PetitionNo. 1428-L of 2015. Date of hearing: 19th January, 2016.
MIAN SAQIB NISAR, IQBAL HAMEEDUR REHMAN AND TARIQ PARVEZ, JJ
Nadeem Iabal Chaudhry, Advocate Supreme Court and Qazi Zia Zahid, Advocate Supreme Court for Appellants (in C.As. Nos.1176 and 1177 of 2015).M. Ozair Chughtai, Advocate Supreme Court/AOR for Petitioners (in C.P. No. 1428-L of 2015).M. Ozair Chughtai,
Civil Appeals Nos. 1176 and 1177 of 2015, and Civil PetitionNo. 1428-L of 2015. Date of hearing: 19th January, 2016.
MIAN SAQIB NISAR, IQBAL HAMEEDUR REHMAN AND TARIQ PARVEZ, JJ
Nadeem Iabal Chaudhry, Advocate Supreme Court and Qazi Zia Zahid, Advocate Supreme Court for Appellants (in C.As. Nos.1176 and 1177 of 2015).M. Ozair Chughtai, Advocate Supreme Court/AOR for Petitioners (in C.P. No. 1428-L of 2015).M. Ozair Chughtai,
Sahabzadi MAHARUNISA and another/ersVsMst. GHULAM SUGHRAN and another
Law: Civil Procedure Code (V of 1908)
Section: 12(2)
Law: Constitution of Pakistan, 1973
Section: 185(3),212
(a) Words and phrases --- ----"Merge" and "merger"---Definitions. Chambers English Dictionary 7th Edn.; Oxford English Dictionary (1933); Corpus Juris Secoundum (1936) and The Constitution of India by Prof. S.R.Bhansali ref. (b) Civil Procedure Code (V of 1908) --- ----S.12(2)---Application under S.12(2), C.P.C, filing of---Forum---"Court which passed the final , decree or order"---Principles---For all legal purposes, it was the final decree/order of the last Court in the series, even if such decree etc. be of affirmation, which had to be executed and should be considered and treated to be the final /decree/order in terms of S.12(2), C.P.C. for approaching the forum---Notwithstanding the reversal or modification of the decree/order, if the decree/order of a forum below, which had been affirmed by the higher forum on merits, both on the points of the facts and the law involved therein, it shall be that decree/order, which attained the status of the final decree/order etc. within the purview of S.12(2), C.P.C. Nasrullah Khan and others v. Mukhtar-ul-Hassan and others PLD 2013 SC 478; F.A. Khan v. The Government of Pakistan PLD 1964 SC 520 and Maulvi Abdul Qayyum v. Syed Ali Asghar Shah and 5 others 1992 SCMR 241 ref. Jeydeb Agarwala v. Baitulmal Karkhana Ltd. PLD 1965 SC 37 per incuriam. (c) Civil Procedure Code (V of 1908) --- ----S. 12(2)---Constitution of Pakistan, Art. 185(3)---Application under S.12(2), C.P.C, filing of---Forum---"Court which passed the final , decree or order"---Principles---Where the Supreme Court merely reaffirmed a or order of a High Court by refusing leave to appeal the final in terms of S.12(2), C.P.C. would be of the High Court and not of the Supreme Court and if the Supreme Court reversed a of a High Court and recorded a finding on question of fact or law contrary to what was held by the High Court, the final or order would be of the Supreme Court for the purpose of S.12(2), C.P.C. Muhammad Yousaf through Legal Heirs and others v. Noor Din and others PLD 2002 SC 391 ref. (d) Judgment --- ----Merger, doctrine of---Scope---Judgment of a lower forum merging into of a higher forum---Doctrine of merger was applicable to the reversal and…