| Case ID |
2fecaadd-5548-4a44-bc46-4f5027f997d2 |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 81 of 2016 |
| Decision Date |
Feb 24, 2016 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the revision petition filed by Apex Consulting Pakistan against the order of the Civil Judge, which had directed the plaintiffs to rectify deficiencies in their plaint rather than rejecting it outright. The Court emphasized that procedural errors should not lead to rejection of a plaint if the plaintiff is given an opportunity to amend. The Court further clarified that the omission of particulars in the plaint does not necessarily invalidate it, and the plaintiff should be allowed to cure any defects. The ruling reinforced the principle that the objective of procedural law is to facilitate justice rather than obstruct it. |
| Summary |
In the case of Apex Consulting Pakistan vs. Tanveer Hussain, the Islamabad High Court addressed the procedural aspects of plaint rejection under the Civil Procedure Code (CPC). The central issue was whether the trial court had erred in dismissing the petitioners' application for rejection of the plaint based on alleged deficiencies. The High Court ruled that the trial court's directive for the plaintiffs to amend their plaint was appropriate, as procedural rules are meant to promote justice. The decision highlighted that omissions in the plaint could be rectified and should not automatically lead to dismissal. This case underscores the importance of allowing litigants the opportunity to present their cases fully while adhering to procedural requirements. The ruling aligns with the evolving judicial interpretation that procedural laws should serve the ends of justice, rather than serve as a barrier to access to the courts. The High Court's decision reflects a trend towards a more lenient approach to procedural compliance, which is crucial for maintaining the integrity of the judicial process in civil litigation. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB, J
|
| Lawyers |
Malik Saleem Iqbal
|
| Petitioners |
APEX CONSULTING PAKISTAN through Mudabbir Haneef and another
|
| Respondents |
TANVEER HUSSAIN
|
| Citations |
2016 SLD 1174,
2016 CLC 1316,
2016 PLJ 499
|
| Other Citations |
Ramprasad Chimanla v. Hazarimull Lalchand AIR 1931 Calcutta 458,
Muhammad Yasin Khan and 4 others v. Azad Government of Jammu and Kashmir through Chief Secretary and 3 others 1991 MLD 2295,
Javaid Iqbal v. Abdul Aziz PLD 2006 SC 66,
Gulistan Textile Mills Limited v. Askari Bank Limited PLD 2013 Lah. 716,
Abdul Qadir v. Sher Muhammad 2010 MLD 1596,
Zakya Begum v. Mir Janat Shah 2012 YLR 1515,
Abdul Waheed v. Ramzanu 2006 SCMR 489
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VII, Rr.1,
O.VII, Rr.11
|