| Case ID |
0a8210bb-8ec7-4a71-a167-9eb12762dea4 |
| Body |
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| Case Number |
Civil Miscellaneous No.63, in Civil Miscellaneous |
| Decision Date |
Oct 29, 2007 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that an application under section 12(2) of the Civil Procedure Code is not maintainable after the dismissal of the petition for leave to appeal before the Supreme Court and the review application. The court emphasized that if a point was not raised at the hearing of the petition or during the review stage, no new point of fact or law could be urged in the proceedings under section 12(2). The application was found to be frivolous and vexatious, filed with the intent to prolong the proceedings and harass the respondents. A token cost of Rs. 5,000 was awarded to the respondents for unnecessarily dragging them to court. |
| Summary |
This case revolves around the application of section 12(2) of the Civil Procedure Code concerning allegations of fraud and misrepresentation in judicial proceedings. The Supreme Court of Pakistan ruled that the application was frivolous as it was filed after the dismissal of earlier petitions. The court reiterated that a judgment cannot be altered once pronounced, and any new points of fact or law cannot be introduced at this stage. The decision highlights the importance of procedural integrity and discourages misuse of legal provisions to delay justice. The award of costs reflects the court's stance against vexatious litigation practices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS, ACTG. CJ
|
| Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court for Appellants,
Gulzarin Kayani, Advocate Supreme Court for Respondents
|
| Petitioners |
Mst. SABIRAN BIBI and others
|
| Respondents |
AHMED KHAN and others
|
| Citations |
2008 SLD 1547 = 2008 SCMR 226
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12(2),
185(3),
188
|