ABDUL WAHID RAFIQUE vs MUHAMMAD MISKEEN arts — 2025 PLD 9 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2025 PLD 9 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: ABDUL WAHID RAFIQUE vs MUHAMMAD MISKEEN arts
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL WAHID RAFIQUE VS MUHAMMAD MISKEEN arts. 42(11)(d), 42(11)(e) & 42(12)---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration, perpetual injunction and correction in the revenue record during settlement---Value of the subject-matter less than Rs.50,000/- High Court setting aside the judgment passed by the Court immediately below---Whether appeal or Petition for Leave to appeal---Conduct of advocate---Effect---Respondents raised objection regarding maintainability of appeal against the judgment passed by High Court---Contention of the advocate, representing the appellants, was that the appellants filed the PLa against the impugned judgment, however, the assistant Registrar of the Court, raised objection on the maintainability of the PLa and advised for filing direct appeal---Validity---Such assertion and conduct of the advocate, who was appearing before the Supreme Court, was regrettable---an advocate, appearing before this (Supreme) Court has to be well-versed with the Supreme Court Rules and has to file a case against the judgment(s) of the Courts below according to his own wisdom and not on the advice of the assistant Registrar of the Court---at least, if there was any confusion in understanding the statutory provision, he had to consult with some senior advocates---Thus, assertion made by the advocate, being vague in nature was repelled---Present appeal had been filed incompetently and was liable to be dismissed on such sole ground---appeal was dismissed.

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