| Case ID |
2b7b9c32-32f8-44a2-ab23-6f9b62b3d552 |
| Body |
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| Case Number |
Civil Revision No. 147 of 1997 |
| Decision Date |
Sep 12, 1997 |
| Hearing Date |
Aug 29, 1997 |
| Decision |
The Balochistan High Court set aside the judgment and decree dated 27-2-1997 passed by the Majlis-e-Shoora, Kalat Division at Mastung. The Court found that the appellate court had acted irregularly by allowing the respondent to file a fresh suit without proper grounds. The decision emphasized that the appellate court's powers under Order XXIII, Rule 1(2) could not be exercised suo motu unless the plaintiff had demonstrated a valid reason for the fresh suit. The appellate court's judgment was deemed unsustainable due to conflicting grounds and the case was remanded for rewriting in accordance with the law. This decision underscores the importance of procedural compliance in civil litigation and the necessity for courts to adhere to established legal standards when considering the dismissal and subsequent re-filing of suits. |
| Summary |
This case pertains to a civil revision petition challenging the decision of the Majlis-e-Shoora, which allowed the respondent to file a fresh suit despite the dismissal of the original suit. The Balochistan High Court scrutinized the legal frameworks governing civil procedure, particularly focusing on the provisions of the Civil Procedure Code, including Order XXIII and Order V. The case illustrates key legal principles regarding the validity of suits, the formal defects in plaints, and the appellate court's discretion in permitting fresh filings. With the emphasis on procedural integrity, this case serves as a significant reference for lawyers and advocates in understanding the nuances of civil litigation in Pakistan. The ruling reiterates the necessity for clear grounds when seeking permission to file subsequent suits and highlights the critical balance between procedural compliance and access to justice. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD FAYYAZ
|
| Lawyers |
Muhammad Qadir Shah,
W.N. Kohli
|
| Petitioners |
Sardar Gohar Khan and Company
|
| Respondents |
Babu Abdul Qadir
|
| Citations |
1998 SLD 1185,
1998 PLD 7
|
| Other Citations |
Siddique Khan and 2 others v. Abdul Shakoor Khan and another PLD 1984 SC 289,
Chairman, Municipal Committee, Muzaffarabad and another v. Habibullah PLD 1987 Azad J&K 135
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXIII, R.1(2),
O. V. II, R. 11,
S. 115
|