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Practice and Procedure

            When an act is required by law to be performed in a prescribed manner, then same should be performed in that way or not at all. 2004 C L C 432

 

            Where a statute, a custom or a usage having the force of law required a thing to be done in a particular manner, then same must be done in that way or not at all. PLD 2003 Pesh. 114

 

When law provides a thing to be done in a particular manner, it ought to be done in that manner or not at all. 2001 Y L R 2415

 

Precedent Supreme Court-Judgment of two Judges of Supreme Court, each of them writing separate Judgment-Common features in two Judgments on basis of which petition for leave to appeal filed by plaintiff pre-emptor was dismissed-Held, whether each observation. by one Judge” was agreed to by other, was, however, a different matter-Nevertheless common ratio discoverable therefrom would have to be read in accordance with normal rule of practice, as subject to law laid down by S.C.on same question in an earlier Judgment unless of course it was intended to be departed from-None of two Judgments containing any conscious departure from what was laid down by S.C.in earlier cases-Dissent from or change of a previous view held by Supreme Court, is not lightly, or as a matter of course, assumed-Each case coming before S.C.will have to be decided on its own facts and circumstances P L D 1984 S.C.157

 

Mst. Walayat Khatun v. Khalil Khan and another P L D 1979 S C 821 and Muhammad Nawaz Khan and another v. Makhdoom Syed Ghulam MuJtaba Shah and another P L D 1970 S C 37 ref. 

Plea of limitation being a legal plea could be raised by any party at any stage of the proceedings. 1993 C L C 1682.

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2020-03-14T17:14:04+05:00